(SS) Saenz v. Commissioner of Social Security ( 2024 )

1 Francesco Benavides, CSBN 258924 Law Offices of Francesco Benavides 2 1990 N. California Blvd. Suite 20 Walnut Creek, CA 94596 3 Tel: (925) 222-7071 4 Fax: (925) 522-5306 Email: francesco@benavidesdisabilitylaw.com 5 6 Attorney for Plaintiff SHAWNA SAENZ 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 FRESNO DIVISION 11 12 Shawna Saenz, Case No. 1:23-cv-01147-KJM-EPG 13 Plaintiff, STIPULATION FOR THE AWARD AND 14 PAYMENT OF ATTORNEY FEES AND 15 v. EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT; 16 Martin J. O’Malley, Commissioner ORDER 17 of Social Security, 18 Defendant. 19 IT IS HEREBY STIPULATED by and between the parties through their 20 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 21 attorney fees and expenses in the amount of $8,500.00, under the Equal Access to 22 Justice Act (EAJA), 28 U.S.C. § 2412(d), and $402.00 in costs under 28 U.S.C. 23 § 1920.1 This amount represents compensation for all legal services rendered on behalf 24 25 26 1 Although Plaintiff did not qualify for a filing fee waiver, she did not have a net worth 27 exceeding $2,000,000 at the time this civil action was filed, as required under 28 U.S.C. § 2412(d)(2)(B). 1 of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. 2 §§ 2412(d), 1920. 3 After the Court issues an order for EAJA fees to Plaintiff, the government will 4 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 5 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S. Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 6 to honor the assignment will depend on whether the fees are subject to any offset 7 allowed under the United States Department of the Treasury’s Offset Program. After 8 the order for EAJA fees is entered, the government will determine whether they are 9 subject to any offset. 10 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 11 determines that Plaintiff does not owe a federal debt, then the government shall cause 12 the payment of fees, expenses and costs to be made directly to Plaintiff’s counsel, 13 Francesco Benavides, pursuant to the assignment executed by Plaintiff. 14 This stipulation constitutes a compromise settlement of Plaintiff’s request for 15 EAJA attorney fees and does not constitute an admission of liability on the part of 16 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 17 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 18 Francesco Benavides, including the Law Offices of Francesco Benavides, may have 19 relating to EAJA attorney fees in connection with this action. 20 This award is without prejudice to the rights of Francesco Benavides to seek 21 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings 22 clause provisions of the EAJA. 23 // 24 // 25 // 26 27 1 2 Respectfully submitted, 3 4 Dated: January 25, 2024 Law Offices of Francesco Benavides 5 By: /s/ Francesco Benavides 6 FRANCESCO P. BENAVIDES 7 Attorney for Plaintiff 8 9 10 11 Dated: January 25, 2024 PHILLIP A. TALBERT United States Attorney 12 MATHEW W. PILE 13 Associate General Counsel Social Security Administration 14 15 By: Caspar Chan* CASPAR CHAN 16 Special Assistant U.S. Attorney 17 Attorneys for Defendant (*Permission to use electronic signature 18 obtained via email on January 25, 2024). 19 20 21 22 23 24 25 26 27 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access 3 to Justice Act Fees and Expenses, IT IS ORDERED that fees and expenses in the 4 5 | amount of $8,500.00 as authorized by 28 U.S.C. § 2412, and $402.00 in costs under 6 || 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation. 7 DATED: January 26, 2024. 8 9 10 CHIEF ED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-