(SS) Martinez v. Commissioner of Social Security

1 McGREGOR W. SCOTT United States Attorney DEBORAH LEE STACHEL, CSBN 230138 Regional Chief Counsel, Region IX Social Security Administration Sharon Lahey, SBN 263027 Special Assistant United States Attorney Assistant Regional Counsel Social Security Administration, Region IX Spear Street, Suite 800 San Francisco, California 94105 Tel: (415) 877-8963 Fax: (415) 744-0134 E-mail: [email protected] Attorneys for Defendant Jonathan O. Peña, Esq.

12 CA Bar ID No.: 278044 Peña & Bromberg, PLC 2440 Tulare St., Ste. 320 Fresno, CA 93721 Telephone: 559-439-9700 Facsimile: 559-439-9700 [email protected] Attorney for Plaintiff, Rosa L Martinez UNITED STATES DISTRICT COURT 19 FOR THE EASTERN DISTRICT OF CALIFORNIA 20 FRESNO DIVISION Rosa L Martinez, Case No. 1:18-cv-00940 Plaintiff, STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES UNDER 24 v. THE EQUAL ACCESS TO JUSTICE ACT (EAJA) 28 U.S.C. § 2412(d) Andrew Saul, Commissioner of Social Security, Defendant.

1 TO THE HONORABLE BARBARA A. MCAULIFFE , MAGISTRATE JUDGE OF THE UNITED STATES DISTRICT COURT: 3 The Parties through their undersigned counsel, subject to the Court’s approval, stipulate that Plaintiff be awarded attorney fees in the amount of FIVE THOUSAND FIVE HUNDRED DOLLARS AND 00/100, ($5,500.00), under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d).

After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine whether they are subject to any offset.

17 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 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 payments made shall be delivered to Plaintiff’s counsel, Jonathan O. Peña.

22 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA fees, and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of FIVE THOUSAND FIVE HUNDRED DOLLARS AND 00/100, ($5,500.00), in EAJA attorney fees shall constitute a complete release from, and bar to, any and all claims that Plaintiff and Plaintiff’s attorney, Jonathan O. Peña, may have relating to EAJA attorney fees in connection with this action.

1 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

4 Respectfully submitted, Dated: June 1, 2020 /s/ Jonathan O. Peña 7 J ONATHAN O. PEÑA Attorney for Plaintiff Dated: June 1, 2020 McGREGOR W. SCOTT 10 United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 12 Social Security Administration By: _*_Sharon Lahey 14 Sharon Lahey Special Assistant U.S. Attorney Attorneys for Defendant 16 (*Permission to use electronic signature obtained via email on June 1, 2020).

1 ORDER 2 Based upon the parties’ stipulation, IT IS HEREBY ORDERED that, pursuant to 28 U.S.C. §2412, fees in the amount of five thousand five hundred dollars ($5,500.00) be awarded subject to the terms of the stipulation.

IT IS SO ORDERED.

7 Dated: June 2, 2020 /s/ Barbara A. McAuliffe _ 8 UNITED STATES MAGISTRATE JUDGE