(SS) Richardson v. Commissioner of Social Security ( 2022 )

1 Jonathan O. Peña, Esq. 2 CA Bar ID No.: 278044 Peña & Bromberg, PLC 3 2440 Tulare St., Ste. 320 Fresno, CA 93721 4 Telephone: 559-439-9700 Facsimile: 559-439-9723 5 Email: info@jonathanpena.com 6 Attorney for Plaintiff, Melinda Richardson 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MELINDA RICHARDSON, Case No. 1:20-cv-01765-BAK (EPG) 12 Plaintiff, STIPULATION FOR THE AWARD AND 13 PAYMENT OF ATTORNEY FEES AND v. EXPENSES PURSUANT TO THE EQUAL 14 ACCESS TO JUSTICE ACT; ORDER KILOLO KIJAKAZI, Acting 15 Commissioner of Social Security, (ECF No. 33) 16 Defendant. 17 18 19 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 21 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount 22 of SEVEN THOUSAND FIVE HUNDRED DOLLARS AND 00/100 ($7,500.00) under the Equal 23 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and cost in the amount of zero dollars ($0.00) 24 under 28 U.S.C. §1920. This amount represents compensation for all legal services rendered on behalf 25 of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 27 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 1 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 2 whether the fees are subject to any offset allowed under the United States Department of the 3 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 4 whether they are subject to any offset. Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 5 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 6 and costs to be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any 7 payments made shall be delivered to Plaintiff’s counsel, Jonathan O. Peña. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 9 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 10 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 11 and all claims that Plaintiff and/or Counsel including Counsel’s firm may have relating to EAJA 12 attorney fees in connection with this action. 13 This award is without prejudice to the rights of Counsel and/or Counsel’s firm to seek Social 14 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 15 EAJA. 16 Respectfully submitted, 17 18 Dated: August 2, 2022 /s/ Jonathan O. Peña J ONATHAN O. PEÑA 19 Attorney for Plaintiff 20 Dated: August 2, 2022 PHILLIP A. TALBERT 21 United States Attorney 22 PETER K. THOMPSON Acting Regional Chief Counsel, Region IX 23 Social Security Administration 24 By: _*_Tina Naicker 25 Tina Naicker Special Assistant U.S. Attorney 26 Attorneys for Defendant (*Permission to use electronic signature 27 obtained via email on August 2, 2022) . 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 3 || Fees and Expenses (ECF No. 33), IT IS ORDERED that fees and expenses in the amount of SEVEN 4 || THOUSAND FIVE HUNDRED DOLLARS AND 00/100 ($7,500.00) as authorized by the Equal 5 || Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), be awarded subject to the terms of the Stipulation. 6 , IT IS SO ORDERED. g|| Dated: _ August 3, 2022 [sf ey 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28