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

PHILLIP A. TALBERT 1 United States Attorney 2 MATHEW W. PILE, WSBN 32245 Associate General Counsel 3 Office of Program Litigation, Office 7 Social Security Administration 4 ANGELA THORNTON-MILLARD, IA 17922 5 Special Assistant United States Attorney 6401 Security Boulevard 6 Baltimore, Maryland 21235 Telephone: (816) 936-5079 7 E-Mail: angela.thornton-millard@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 ) Case No.: 1:23-CV-00713-SKO 13 MANUEL RIOS, JR., ) ) STIPULATION FOR THE AWARD AND 14 Plaintiff, ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE EQUAL 15 vs. ) ACCESS TO JUSTICE ACT, 28 U.S.C. ) § 2412(d), AND COSTS PURSUANT TO 28 16 COMMISSIONER OF SOCIAL SECURITY, ) U.S.C. § 1920; ORDER RE: STIPULATION ) AND DENYING MOTION FOR 17 ) ATTORNEY’S FEES AS MOOT Defendant. ) 18 ) (Docs. 21 & 24) 19 IT IS HEREBY STIPULATED by and between the parties through their undersigned 20 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and 21 expenses in the amount $7,500.00 (SEVEN THOUSAND FIVE HUNDRED dollars) under the 22 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. 23 This amount represents compensation for all legal services rendered on behalf of Plaintiff by 24 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 25 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 26 the matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant to Astrue v. Ratliff, 27 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor any assignment 28 will depend on whether the fees are subject to any offset allowed under the United States 1 Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 2 government will determine whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 4 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 5 be made directly to counsel, pursuant to the assignment executed by Plaintiff. Any payments 6 made shall be delivered to counsel. 7 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 8 attorney fees and does not constitute an admission of liability on the part of Defendant under the 9 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from and 10 bar to any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating 11 to EAJA attorney fees or costs in connection with this action. 12 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 13 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 14 provisions of the EAJA. Respectfully submitted, 15 16 Date: February 26, 2024 /s/ Jonathan O. Pena* JONATHAN O. PENA 17 (as authorized by email on February 26, 2024) Attorney for Plaintiff 18 19 Date: February 26, 2024 PHILLIP A. TALBERT 20 United States Attorney MATHEW W. PILE 21 Associate General Counsel 22 Social Security Administration 23 /s/ Angela Thornton-Millard 24 ANGELA THORNTON-MILLARD Special Assistant United States Attorney 25 Social Security Administration Attorney for Defendant 26 27 28 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 3 Justice Act Fees (the “Stipulation”) (Doc. 24), 4 IT IS ORDERED that fees in the amount of $7,500.00 as authorized by 28 U.S.C. § 5 2412, and no costs as authorized by 28 U.S.C. § 1920, be awarded subject to the terms of the 6 Stipulation. 7 IT IS FURTHER ORDERED that Plaintiff’s motion for attorney’s fees (Doc. 21) is 8 DENIED as MOOT. 9 IT IS SO ORDERED. 10 11 Dated: February 26, 2024 /s/ Sheila K. Oberto . 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28