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

1 Jonathan O. Peña, Esq. 2 CA Bar ID No.: 278044 Peña & Bromberg, PLC 3 2440 Tulare St., Ste. 320 4 Fresno, CA 93721 Telephone: 559-439-9700 5 Facsimile: 559-439-9723 6 Email: info@jonathanpena.com Attorney for Plaintiff, Iqbal Singh Sabharwal 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 11 12 Joanie Leanne Souza, Case No. 1:23-cv-00675-JLT-GSA 13 Plaintiff, AMENDED STIPULATION FOR THE 14 AWARD AND PAYMENT OF v. ATTORNEY FEES AND EXPENSES 15 PURSUANT TO THE EQUAL ACCESS 16 Martin O’Malley1, Commissioner of TO JUSTICE ACT; ORDER Social Security, 17 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 FOUR THOUSAND SEVEN HUNDRED 22 AND NINE DOLLARS AND 93/100 ($4,709.93) under the Equal Access to Justice 23 Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of FOUR HUNDRED 24 25 1 Martin O’Malley became the Commissioner of Social Security on December 26 20, 2023. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Martin O’Malley should be substituted for Kilolo Kijakazi as the defendant in this suit. No 27 further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 1 DOLLARS AND TWO DOLLARS AND 00/100 ($402.00) under 28 U.S.C. §1920. 2 This amount represents compensation for all legal services rendered on behalf of 3 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. 4 §§ 1920, 2412(d). 5 After the Court issues an order for EAJA fees to Plaintiff, the government will 6 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 7 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 8 to honor the assignment will depend on whether the fees are subject to any offset 9 allowed under the United States Department of the Treasury’s Offset Program. After 10 the order for EAJA fees is entered, the government will determine whether they are 11 subject to any offset. 12 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 13 determines that Plaintiff does not owe a federal debt, then the government shall cause 14 the payment of fees, expenses and costs to be made directly to Counsel, pursuant to 15 the assignment executed by Plaintiff. Any payments made shall be delivered and 16 made payable to Plaintiff’s counsel, Jonathan O. Peña. Additionally, any payment of 17 costs under 28 U.S.C. §1920 may be made either by electronic fund transfer (ETF) or 18 by check. 19 This stipulation constitutes a compromise settlement of Plaintiff’s request for 20 EAJA attorney fees, and does not constitute an admission of liability on the part of 21 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 22 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 23 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 24 connection with this action. 25 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 26 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 27 savings clause provisions of the EAJA. 1 Respectfully submitted, 2 3 Dated: February 15, 2024 /s/ Jonathan O. Peña 4 J ONATHAN O. PEÑA Attorney for Plaintiff 5 6 Dated: February 15, 2024 PHILLIP A. TALBERT 7 United States Attorney MATHEW W. PILE 8 Associate General Counsel 9 Office of Program Litigation Social Security Administration 10 11 By: _*_ Katherine Watson KATHERINE WATSON 12 Special Assistant U.S. Attorney 13 Attorneys for Defendant (*Permission to use electronic signature 14 obtained via email on February 14, 2024). 15 16 ORDER 17 18 Based upon the parties’ Stipulation for the Award and Payment of Equal Access 19 to Justice Act Fees and Expenses (the “Stipulation”), 20 IT IS ORDERED that fees and expenses in the amount of FOUR THOUSAND 21 22 SEVEN HUNDRED AND NINE DOLLARS AND 93/100 ($4,709.93) as authorized 23 by the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) and costs in the 24 amount of FOUR HUNDRED DOLLARS AND TWO DOLLARS AND 00/100 25 26 ($402.00) under 28 U.S.C. §1920, be awarded subject to the terms of the Stipulation. 27 IT IS SO ORDERED. 1 Dated: February 16, 2024 /s/ Gary S. Austin 2 UNITED STATES MAGISTRATE JUDGE 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27