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

1 2 3 4 5 6 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 LINDA SANCHEZ, Case No. 1:23-cv-01617-EPG 9 Plaintiff, STIPULATION FOR THE AWARD AND 10 PAYMENT OF ATTORNEY FEES AND v. EXPENSES PURSUANT TO THE EQUAL 11 ACCESS TO JUSTICE ACT 12 MARTIN O’MALLEY1, Commissioner of Social Security, (ECF No. 22) 13 Defendant. 14 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 15 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount 16 of EIGHT THOUSAND TWO-HUNDRED DOLLARS and 00/100 ($8,200.00) under the Equal 17 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of zero dollars ($0.00) 18 under 28 U.S.C. §1920. This amount represents compensation for all legal services rendered on behalf 19 of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 20 2412(d). 21 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 22 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 23 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 24 whether the fees are subject to any offset allowed under the United States Department of the 25 26 1 Martin O’Malley became the Commissioner of Social Security on December 20, 2023. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Martin O’Malley should be substituted for Kilolo Kijakazi 27 as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence 1 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 2 whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 4 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any 5 payments made shall be delivered and made payable to Plaintiff’s counsel, Jonathan O. Peña. 6 Additionally, any payment of costs under 28 U.S.C. §1920 may be made either by electronic fund 7 transfer (EFT) or by check. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 9 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 10 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 11 and all claims that Plaintiff and/or Counsel including Counsel’s firm may have relating to EAJA 12 attorney fees in connection with this action. 13 This award is without prejudice to the rights of Counsel and/or Counsel’s firm to seek Social 14 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 15 EAJA. 16 Respectfully submitted, 17 18 Dated: September 10, 2024 /s/ Jonathan O. Peña J ONATHAN O. PEÑA 19 Attorney for Plaintiff 20 Dated: September 10, 2024 PHILLIP A. TALBERT 21 United States Attorney 22 MATHEW W. PILE Associate General Counsel 23 Office of Program Litigation Social Security Administration 24 25 By: _*_Oscar Gonzalez de Llano Oscar Gonzalez de Llano 26 Special Assistant U.S. Attorney Attorneys for Defendant 27 (*Permission to use electronic signature obtained via email on September 10, 2024). 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 3 || Fees and Expenses (ECF No. 22), IT IS ORDERED that fees and expenses in the amount of EIGHT 4 || THOUSAND TWO-HUNDRED DOLLARS and 00/100 ($8,200.00) as authorized by the Equal 5 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), are awarded subject to the terms of the 6 Stipulation. 7 IT IS SO ORDERED. 8 Dated: _ September 11, 2024 [le ey — UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-