(SS) Ochoa v. Commissioner of Social Security

UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA RAFAEL BARRAGAN OCHOA, ) Case No. 1:19-cv-01686-JDP ) 11 Plaintiff, ) STIPULATION AND ORDER FOR THE ) AWARD AND PAYMENT OF ATTORNEY 12 vs. ) FEES PURSUANT TO THE EQUAL ) ACCESS TO JUSTICE ACT, 28 U.S.C. § 13 ANDREW SAUL, ) 2412(d) Commissioner of Social Security, ) ) ECF No. 23 15 Defendant. ) ) ) 18 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 in the amount of SEVEN THOUSAND, ONE HUNDRED DOLLARS AND ZERO CENTS ($7,100.00) 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. §§ 1920, 2412(d).

24 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 Jonathan O. Pena. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (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.

3 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 to be made directly to Jonathan O. Pena, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to counsel Jonathan O. Pena.

7 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 Jonathan O. Pena, including Pena & Bromberg, PLC, may have relating to EAJA attorney fees in connection with this action.

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

14 Respectfully submitted, Dated: December 14, 2020 PENA & BROMBERG, PLC 17 By: /s/ Jonathan O. Pena* JONATHAN O. PENA Attorneys for Plaintiff 19 [*As authorized by e-mail on Dec. 14, 2020] Dated: December 16, 2020 McGREGOR W. SCOTT United States Attorney 22 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration 25 By: /s/ Margaret Branick-Abilla MARGARET BRANICK-ABILLA Special Assistant United States Attorney 27 Attorneys for Defendant eee eee I EI EE OIE OEE DE ORDER || Pursuant to stipulation, it is so ordered.

3 |/TT IS SO ORDERED.

4 / s |[Dated: _ December 16, 2020 _ Ws JEREMY D. PETERSON 6 UNITED STATES MAGISTRATE JUDGE ;