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

1 Melissa Newel (CA 148563) NEWEL LAW 2 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94705 3 (510)316-3827 4 mnewel@newellawfirm.com Attorney for Plaintiff 5 JOETTA MARIE HERNANDEZ 6 PHILLIP A. TALBERT 7 United States Attorney MATHEW W. PILE 8 Associate General Counsel Office of Program Litigation, Office 7 9 Social Security Administration FRANCO L. BECIA (WA 26823) 10 Special Assistant United States Attorney 11 6401 Security Boulevard Baltimore, MD 21235 12 (206)615-2114 franco.l.becia@ssa.gov 13 Attorneys for Defendant 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 JOETTA MARIE HERNANDEZ., No. 1:24-CV-00297 (GSA) 18 Plaintiff, 19 v. STIPULATION AND ORDER FOR 20 AWARD AND PAYMENT OF COMMISSIONER OF ATTORNEYS FEES PURSUANT TO 21 SOCIAL SECURITY, THE EQUAL ACCESS TO JUSTICE ACT (28 U.S.C. §2412(d)) 22 Defendant. 23 (Doc. 16) 24 25 26 27 28 1 2 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 3 attorneys, subject to the approval of the Court, that Joetta Marie Hernandez (“Plaintiff”) be 4 awarded attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412 (d), in 5 the amount of six hundred and twenty-three dollars and seventy-eight cents ($623.78). This 6 represents compensation for legal services rendered on behalf of Plaintiff by counsel in 7 connection with this civil action, in accordance with 28 U.S.C. §2412 (d). 8 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 9 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 10 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 11 attorney fees are subject to any offset allowed under the United States Department of the 12 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 13 determine whether they are subject to any offset. 14 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 15 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 16 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 17 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 18 made shall be delivered to Plaintiff’s counsel via electronic transfer. 19 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 20 attorney fees and does not constitute an admission of liability on the part of Defendant under 21 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 22 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 23 and expenses in connection with this action. 24 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 25 Act attorney fees under 42 U.S.C. §406(b), subject to the savings clause provisions of the EAJA. 26 27 Respectfully submitted, 28 1 Dated: May 22, 2024 NEWEL LAW 2 By: Melissa Newel 3 Melissa Newel 4 Attorney for Plaintiff JOETTA MARIE HERNANDEZ 5 6 Dated: May 22, 2024 PHILLIP A. TALBERT 7 United States Attorney MATHEW W. PILE 8 Associate General Counsel Social Security Administration 9 By: Franco L. Becia* 10 FRANCO L. BECIA 11 (*Authorized by email dated 05/21/2024) Special Assistant U.S. Attorney 12 Attorneys for Defendant 13 14 ORDER 15 IT IS HEREBY ORDERED that, pursuant to the Equal Access to Justice Act, 28 U.S.C. 16 §2412(d), attorney fees in the amount of six hundred and twenty-three dollars and seventy- 17 18 eight cents ($623.78) be awarded subject to the terms of the Stipulation. 19 20 IT IS SO ORDERED. 21 Dated: May 28, 2024 /s/ Gary S. Austin 22 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28