(SS) Sedaghat v. Commissioner of Social Security

United States District Court for the Eastern District of California

(SS) Sedaghat 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 SHIRIN SEDAGHAT, No. 2:25-cv-00261-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. 17) 16 17 On January 22, 2025, plaintiff Shirin Sedaghat filed this action seeking review of a final 18 decision of defendant Commissioner of Social Security. (Doc. No. 1.) On June 17, 2025, the 19 matter was remanded to the Commissioner of Social Security for further proceedings pursuant to 20

42 U.S.C. § 405

(g). (Doc. No. 15.) On June 23, 2025, the parties filed a stipulation with the 21 court in which the parties agree that plaintiff shall be awarded attorney’s fees under the Equal 22 Access to Justice Act (“EAJA”),

28 U.S.C. § 2412

(d), in the amount of $7,300.00. (Doc. No. 17.) 23 Good cause appearing, and pursuant to the parties’ June 23, 2025 stipulation, the court 24 orders as follows: 25 1. Pursuant to the EAJA,

28 U.S.C. § 2412

(d), plaintiff is awarded attorney’s fees in 26 the amount of $7,300.00; 27 2. After the issuance of this order, the government shall consider the assignment of 28 the EAJA attorney’s fees to plaintiff’s counsel; 1 a. Pursuant to the decision in Astrue v. Ratliff,

560 U.S. 586

(2010), any such 2 assignment will depend on whether the attorney’s fees are subject to any 3 offset allowed under the United States Department of Treasury’s (“the 4 DOT”) Offset Program; 5 b. Fees shall be made payable to plaintiff, but if the DOT determines that 6 plaintiff does not owe a federal debt, then the government shall cause the 7 payment of attorney’s fees to be made directly to plaintiff's counsel, 8 Francesco Benavides; 9 3. Whether the payment of attorney’s fees is made payable to plaintiff or to her 10 counsel, the check shall be mailed to plaintiff's counsel’s mailing address at: 11 Francesco Paulo Benavides Law Offices of Francesco 12 1990 N. California Blvd., 8" Floor 3 Walnut Creek, CA 94596

14 IT IS SO ORDERED. | Dated: _ June 24, 2025 Da A. 2, ye 16 DALE A. DROZD UNITED STATES DISTRICT JUDGE

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Reference

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