(SS) Lamadrid v. Commissioner of Social Security

United States District Court for the Eastern District of California

(SS) Lamadrid v. Commissioner of Social Security

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARCIE RENEE LAMADRID, No. 2:24-cv-01101-DAD-SCR 12 Plaintiff, 13 v. ORDER ADOPTING THE PARTIES’ STIPULATION FOR THE AWARD OF 14 COMMISSIONER OF SOCIAL ATTORNEY’S FEES UNDER THE EQUAL SECURITY, ACCESS TO JUSICE ACT 15 Defendant. (Doc. No. 21) 16 17 On April 10, 2024, plaintiff Marcie Renee Lamadrid filed this action seeking review of a 18 final decision of defendant Commissioner of Social Security. (Doc. No. 1.) On October 22, 19 2024, the matter was remanded to the Commissioner of Social Security for further proceedings 20 pursuant to

42 U.S.C. § 405

(g). (Doc. No. 19.) On January 3, 2025, the parties filed a stipulation 21 with the court in which the parties agree that plaintiff shall be awarded attorney’s fees under the 22 Equal Access to Justice Act (“EAJA”),

28 U.S.C. § 2412

(d), in the amount of $6,000.00. (Doc. 23 No. 21.) 24 Good cause appearing, and pursuant to the parties’ January 3, 2025 stipulation, the court 25 orders as follows: 26 1. Pursuant to the EAJA,

28 U.S.C. § 2412

(d), plaintiff is awarded attorney’s fees in 27 the amount of $6,000.00; 28 ///// 1 2. After the issuance of this order, the government shall consider the assignment of 2 the EAJA attorney’s fees to plaintiff's counsel; 3 a. Pursuant to the decision in Astrue v. Ratliff,

560 U.S. 586

(2010), any such 4 assignment will depend on whether the attorney’s fees are subject to any 5 offset allowed under the United States Department of Treasury’s (“the 6 DOT”) Offset Program; 7 b. Fees shall be made payable to plaintiff, but if the DOT determines that 8 plaintiff does not owe a federal debt, then the government shall cause the 9 payment of attorney’s fees to be made directly to plaintiff's counsel, Sima 10 G. Aghai; 11 3. Whether the payment of attorney’s fees is made payable to plaintiff or to her 12 counsel, the check shall be mailed to plaintiff's counsel’s mailing address at: 13 Sima G. Aghai Law Offices of Sima G. Aghai 14 12362 Beach Blvd., Suite 21 5 Stanton, CA 90680

16 IT IS SO ORDERED. M Dated: _ January 6, 2025 Dal A. 2d, aryek 18 DALE A. DROZD 19 UNITED STATES DISTRICT JUDGE

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Reference

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