(SS) Ingham v. Commissioner of Social Security

Jonathan O. Peña, Esq.

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, Scott Leslie Ingham

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

FRESNO DIVISION

Scott Leslie Ingham, Case No. 1:21-cv-00161-EPG

Plaintiff, STIPULATION FOR THE AWARD AND

PAYMENT OF ATTORNEY FEES AND v. EXPENSES PURSUANT TO THE EQUAL

ACCESS TO JUSTICE ACT; ORDER

Kilolo Kijakazi, Acting Commissioner of

Social Security, (ECF No. 11)

Defendant.

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 THREE HUNDRED TWENTY DOLLARS and 61/100 ($320.61) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and cost in the amount of FOUR HUNDRED DOLLARS ($400.00) under 28 U.S.C. § 1920. 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 22

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: September 2, 2021 /s/ Jonathan O. Peña

J ONATHAN O. PEÑA

Attorney for Plaintiff

Dated: September 2, 2021 PHILLIP A. TALBERT

Acting United States Attorney

DEBORAH LEE STACHEL

Regional Chief Counsel, Region IX

Social Security Administration

By: _*Ellinor R. Coder

Ellinor R. Coder

Special Assistant U.S. Attorney

Attorneys for Defendant (*Permission to use electronic signature obtained via email on September 2, 2021). | ORDER os es □ Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act Fees and Expenses (ECF No. 11), IT IS ORDERED that fees and expenses in the amount of THREE HUNDRED TWENTY DOLLARS and 61/100 ($320.61) under the Equal Access to Justice Act C(EAJA), 28 U.S.C. § 2412(d), and cost in the amount of FOUR HUNDRED DOLLARS ($400.00) under 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation.

IT IS SO ORDERED.

Dated: _ September 3, 2021 [Je Fahey —

UNITED STATES MAGISTRATE JUDGE