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

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROSINA MIRANDA, No. 2:23-cv-01811-DAD-JDP 12 Plaintiff, 13 v. ORDER ADOPTING THE PARTIES’ STIPULATION FOR THE AWARD OF 14 COMMISSIONER OF SOCIAL ATTORNEY’S FEES UNDER THE EQUAL SECURITY, ACCESS TO JUSTICE ACT AND COURT 15 COSTS Defendant. 16 (Doc. No. 19) 17 18 19 On August 24, 2023, plaintiff Rosina Miranda filed this action seeking review of a final 20 decision of defendant Commissioner of Social Security. (Doc. No. 1.) On February 5, 2024, the 21 matter was remanded to the Commissioner of Social Security for further proceedings pursuant to 22 42 U.S.C. § 405(g). (Doc. No. 17.) On March 7, 2024, the parties filed a stipulation with the 23 court in which the parties agree that plaintiff shall be awarded attorney’s fees under the Equal 24 Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $7,800.00 and court costs 25 under 28 U.S.C. § 1920 in the amount of $402.00. (Doc. No. 19.) 26 Good cause appearing, and pursuant to the parties’ March 7, 2024 stipulation, the court 27 orders as follows: 28 ///// 1 1. Pursuant to the EAJA, 28 U.S.C. § 2412(d), plaintiff is awarded attorney’s fees in 2 the amount of $7,800.00; 3 2. Pursuant to 28 U.S.C § 1920, plaintiff is awarded court costs in the amount of 4 $402.00; 5 3, After the issuance of this order, the government shall consider the assignment of 6 the EAJA attorney’s fees to plaintiff's counsel; 7 a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such 8 assignment will depend on whether the attorney’s fees are subject to any 9 offset allowed under the United States Department of Treasury’s (“the 10 DOT”) Offset Program; 11 b. Fees shall be made payable to plaintiff, but if the DOT determines that 12 plaintiff does not owe a federal debt, then the government shall cause the 13 payment of attorney’s fees to be made directly to plaintiff's counsel, 14 Andrew T. Koenig; 15 4. Whether the payment of attorney’s fees is made payable to plaintiff or to his 16 counsel, the check will be mailed to plaintiffs counsel’s mailing address at: 17 Andrew T. Koenig 18 Attorney at Law 93 S. Chestnut Street, Suite 208 19 Ventura, CA 93001 20 21 IT IS SO ORDERED. ** | Dated: _March 8, 2024 Da A. 2, axel 23 DALE A. DROZD 34 UNITED STATES DISTRICT JUDGE 25 26 27 28