(SS) Telly v. Commissioner of Social Security

Jonathan O. Peña, Esq.

2 CA Bar ID No.: 278044 Peña & Bromberg, PLC 2440 Tulare St., Ste. 320 Fresno, CA 93721 Telephone: 559-439-9700 Facsimile: 559-439-9723 Email: [email protected] Attorney for Plaintiff, Gilbert John Telly 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION GILBERT JOHN TELLY, Case No. 1:19-cv-00456-SKO 13 Plaintiff, STIPULATION AND ORDER FOR 14 THE AWARD AND PAYMENT OF v. ATTORNEY FEES AND EXPENSES 15 PURSUANT TO THE EQUAL ACCESS ANDREW SAUL, Commissioner of TO JUSTICE ACT Social Security, 17 (Doc. 26) 18 Defendant.

19 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount of FIVE THOUSAND SEVEN HUNDRED FORTY-TWO DOLLARS and 43/100, ($5,742.43), 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.

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.

This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or Counsel including Counsel’s firm may have relating to EAJA attorney fees in connection with this action.

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

Respectfully submitted, Dated: December 1, 2020 /s/ Jonathan O. Peña 23 J ONATHAN O. PEÑA Attorney for Plaintiff Dated: December 1, 2020 McGREGOR W. SCOTT 26 United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 1 Social Security Administration 2 By: _* Marcelo N. Illarmo_ Marcelo N. Illarmo Special Assistant U.S. Attorney 4 Attorneys for Defendant (*Permission to use electronic signature obtained via email on December 1, 2020).

9 ORDER 10 Based upon the parties’ Stipulation for the Award and Payment of Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act (the “Stipulation”) (Doc. 26), 12 IT IS ORDERED that fees and expenses in the amount of FIVE THOUSAND SEVEN HUNDRED FORTY-TWO DOLLARS and 43/100 ($5,742.43) as authorized by the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), be awarded subject to the terms of the Stipulation.

17 IT IS SO ORDERED.

18 Sheila K. Oberto Dated: December 16, 2020 /s/ .

19 UNITED STATES MAGISTRATE JUDGE