(SS) Quintana v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

ALEX QUINTANA, JR., No. 1:19-cv-00814-DAD-EPG (SS) Plaintiff, v. ORDER ADOPTING THE PARTIES’

STIPULATION FOR THE AWARD OF

KILOLO KAJAIKAZI, Acting ATTORNEY’S FEES UNDER THE EQUAL Commissioner of Social Security, ACCESS TO JUSTICE ACT

Defendant. (Doc. No. 31)

On June 11, 2019, plaintiff Alex Quintana, Jr. filed this action seeking review of a final decision of defendant Andrew M. Saul, the then-Commissioner of Social Security1. (Doc. No. 1.) On August 18, 2021, the matter was remanded to the Commissioner of Social Security for further proceedings pursuant to 42 U.S.C. § 405(g). (Doc. No. 29.) On October 22, 2021, the parties filed a stipulation with the court in which the parties agree that plaintiff shall be awarded attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $4,000.00. (Doc. No. 31.)

Good cause appearing, and pursuant to the parties’ October 22, 2021 stipulation, the court orders as follows:

Kilolo Kajikazi is the current Acting Commissioner of Social Security and has been substituted as the defendant accordingly.

1. Pursuant to the EAJA, 28 U.S.C. § 2412(d), plaintiff is awarded attorney’s fees in the amount of $4,000.00;

2. After the issuance of this order, the government shall consider the assignment of the EAJA attorney’s fees to plaintiff's counsel; a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such assignment will depend on whether the attorney’s fees are subject to any offset allowed under the United States Department of Treasury’s (‘“‘the DOT”) Offset Program; b. Fees shall be made payable to plaintiff, but if the DOT determines that plaintiff does not owe a federal debt, then the government shall cause the payment of attorney’s fees to be made directly to plaintiff's counsel, Shellie Lott;

3. Whether the payment of attorney’s fees is made payable to plaintiff or to her counsel, the check will be mailed to plaintiffs counsel’s mailing address at: Shellie Lott

Lott Law Offices

42 N. Sutter Street, Ste. 400

Stockton, CA 95202

IT IS SO ORDERED. _ - Dated: _ October 29, 2021 fee | oe

UNITED STATES DISTRICT JUDGE