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

1 Francesco Benavides, CSBN 258924 Law Offices of Francesco Benavides 2 1990 N. California Blvd. 8th Floor Walnut Creek, CA 94596 3 Tel: (925) 222-7071 Email: francesco@benavidesdisabilitylaw.com 4 Attorney for Plaintiff 5 TRACEY LYNN ANDRISEK 6 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 FRESNO DIVISION 9 10 TRACEY LYNN ANDRISEK, Case No. 1:24-cv-00355-SKO 11 Plaintiff, STIPULATION AND UNOPPOSED MOTION FOR THE AWARD AND PAYMENT OF ATTORNEY 12 v. FEES AND EXPENSES PURSUANT TO THE 13 EQUAL ACCESS TO JUSTICE ACT; ORDER MARTIN J. O’MALLEY, Commissioner 14 of Social Security, (Doc. 19). 15 Defendant. 16 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 17 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount 18 of $6,688.66, under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 19 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of 20 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d), 21 1920. 22 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 23 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 24 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 25 whether the fees are subject to any offset allowed under the United States Department of the 26 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 27 whether they are subject to any offset. 1 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 2 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 3 and costs to be made directly to Plaintiff’s counsel, Francesco Benavides, pursuant to the assignment 4 executed by Plaintiff. 5 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 6 fees and does not constitute an admission of liability on the part of Defendant under the EAJA or 7 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 8 and all claims that Plaintiff and/or Francesco Benavides, including the Law Offices of Francesco 9 Benavides, may have relating to EAJA attorney fees in connection with this action. 10 This award is without prejudice to the rights of Francesco Benavides to seek Social Security 11 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 12 13 Respectfully submitted, 14 15 Dated: September 11, 2024 Law Offices of Francesco Benavides 16 By: /s/ Francesco Benavides FRANCESCO P. BENAVIDES 17 Attorney for Plaintiff 18 19 20 Dated: September 11, 2024 PHILLIP A. TALBERT 21 United States Attorney 22 MATHEW W. PILE Associate General Counsel 23 Social Security Administration 24 By: Erin Jurrens* ERIN JURRENS 25 Special Assistant U.S. Attorney 26 Attorneys for Defendant (*Permission to use electronic signature 27 obtained via email on September 11, 2024). 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 3 Fees and Expenses (Doc. 19), 4 IT IS ORDERED that fees and expenses in the amount of $6,688.66 as authorized by 28 5 U.S.C. § 2412, and no costs under 28 U.S.C. § 1920, be awarded subject to the terms of the 6 Stipulation. 7 8 IT IS SO ORDERED. 9 10 Dated: September 12, 2024 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27