(SS) Paul Garcia 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, Paul Garcia 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION Paul Garcia, Case No. 1:21-cv-00698-SKO 13 Plaintiff, STIPULATION FOR THE AWARD 14 AND PAYMENT OF ATTORNEY v. FEES AND EXPENSES PURSUANT 15 TO THE EQUAL ACCESS TO Kilolo Kijakazi, Acting JUSTICE ACT; ORDER Commissioner of Social Security, 17 (Doc. 21) 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 FOUR THOUSAND SEVEN-HUNDRED FORTY-TWO DOLLARS and 37/100 ($4,742.37) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and cost in the amount of zero dollars ($0.00) 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 U.S.C. § 2412(d).

1 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: July 22, 2022 /s/ Jonathan O. Peña 25 J ONATHAN O. PEÑA 26 Attorney for Plaintiff Dated: July 22, 2022 PHILLIP A. TALBERT 1 United States Attorney LISA A. THOMAS 2 Regional Chief Counsel, Region VII Social Security Administration 4 By: _*_Sarah E. Preston Sarah E. Preston Special Assistant U.S. Attorney 6 Attorneys for Defendant (*Permission to use electronic signature obtained via email on July 22, 2022).

9 ORDER Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act Fees and Expenses (the “Stipulation”) (Doc. 21), 13 IT IS ORDERED that fees and expenses in the amount of FOUR THOUSAND SEVEN-HUNDRED FORTY-TWO DOLLARS and 37/100 ($4,742.37) 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.

19 IT IS SO ORDERED.

Dated: July 26, 2022 /s/ Sheila K. Oberto .

21 UNITED STATES MAGISTRATE JUDGE