(SS) Fernandez 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 HENRY FELIX FERNANDEZ, No. 2:24-cv-00181-DAD-CSK 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 JUSICE ACT 15 Defendant. (Doc. No. 28) 16 17 On January 16, 2024, plaintiff Henry Felix Fernandez filed this action seeking review of a 18 final decision of defendant Commissioner of Social Security. (Doc. No. 1.) On June 11, 2024, 19 the matter was remanded to the Commissioner of Social Security for further proceedings pursuant 20 to 42 U.S.C. § 405(g). (Doc. No. 26.) On September 7, 2024, the parties filed a stipulation with 21 the court in which the parties agree that plaintiff shall be awarded attorney’s fees under the Equal 22 Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $7,277.00. (Doc. No. 28.) 23 Good cause appearing, and pursuant to the parties’ September 7, 2024 stipulation, the 24 court orders as follows: 25 1. Pursuant to the EAJA, 28 U.S.C. § 2412(d), plaintiff is awarded attorney’s fees in 26 the amount of $7,277.00; 27 2. After the issuance of this order, the government shall consider the assignment of 28 the EAJA attorney’s fees to plaintiff’s counsel; 1 a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such 2 assignment will depend on whether the attorney’s fees are subject to any 3 offset allowed under the United States Department of Treasury’s (“the 4 DOT”) Offset Program; 5 b. Fees shall be made payable to plaintiff, but if the DOT determines that 6 plaintiff does not owe a federal debt, then the government shall cause the 7 payment of attorney’s fees to be made directly to plaintiff's counsel, Sima 8 Aghai; 9 3. Whether the payment of attorney’s fees is made payable to plaintiff or to his 10 counsel, the check shall be mailed to plaintiff's counsel’s mailing address at: 11 Sima Aghai Law Offices of Sima G. Aghai 12 12362 Beach Blvd. Suite 21 13 Stanton, CA 90680 14 15 IT IS SO ORDERED. 16 | Dated: _ September 10, 2024 Da A. 2d, yet DALE A. DROZD 17 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28