1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ELEONOR S.P., Case No.: 22-cv-324-KSC 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION FOR THE AWARD AND PAYMENT OF ATTORNEY'S FEES 14 KILOLO KIJAKAZI, Commissioner of AND EXPENSES [Doc. No. 15.] Social Security, 15 Defendant. 16 17 On March 10, 2022, plaintiff Eleonor S.P. commenced an action against 18 Commissioner of Social Security Kilolo Kijakazi seeking review of a final adverse decision 19 of the Commissioner. Doc. No. 1. On September 30, 2022, the parties jointly moved to 20 remand the matter. Doc. No. 12. On October 4, 2022, the Court issued an Order remanding 21 the case to the agency for further administrative proceedings. Doc. No. 13 22 Before the Court is the parties’ Joint Motion for the Award and Payment of 23 Attorney’s Fees and Expenses. Doc. No. 22 (the “Joint Motion”). Based on the parties’ 24 agreement and the information presented in the Joint Motion, IT IS HEREBY ORDERED 25 that plaintiff, Eleonor S.P., is awarded attorney’s fees and expenses in the amount of TWO 26 THOUSAND TWO HUNDRED EIGHTY DOLLARS AND EIGHTY-EIGHT CENTS 27 $2,280.88) under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. section 2412(d)., 28 1 FOUR HUNDRED AND TWO DOLLARS ($402) under 28 U.S.C. section 1920. This 2 amount represents compensation and costs for all legal services rendered by counsel on 3 || plaintiff's behalf in connection with this civil action. 4 Following the issuance of this Order, the government will consider the matter of 5 || plaintiff’s contractual assignment of EAJA fees to Matthew F. Holmberg. The ability to 6 ||honor the assignment will depend on whether the fees are subject to any offset allowed 7 || under the United States Department of the Treasury's Offset Program. See Astrue v. Ratliff, 8 ||560 U.S. 586, 597 (2010). Upon entry of this Order, the government will determine whether 9 ||they are subject to any offset. 10 Fees shall be made payable to Eleonor S.P., but if the Department of the Treasury 11 ||determines plaintiff does not owe a federal debt, then the government shall cause the 12 || payment of fees, expenses, and costs to be made directly to Law Offices of Lawrence D. 13 || Rohlfing, Inc., CPC. Any payments made shall be delivered to Matthew F. Holmberg. 14 This Order is without prejudice to the rights of Matthew F. Holmberg and/or the Law 15 || Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act attorney fees under 16 ||42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 17 IT IS SO ORDERED. 18 || Dated: November 9, 2022 Yy JA 19 Mf Wye 20 Hori. Karen 8S. Crawford United States Magistrate Judge 21 22 23 24 25 26 27 28