Veronica Yanez v. Frank Bisignano, Commissioner of the Social Security...
Veronica Yanez v. Frank Bisignano, Commissioner of the Social Security...
Trial Court Opinion
1 Jared Walker (SB#269029) P.O. Box 1777 2 Orangevale, CA 95662 T: (916) 476-5044 3 F: (916) 476-5064 [email protected] 4
5 Attorney for Plaintiff, VERONICA YANEZ 6
7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 VERONICA YANEZ, Case No.: 2:24-cv-002285-CSK
10 Plaintiff, STIPULATION AND PROPOSED ORDER 11 v. FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO 12 FRANK BISIGNANO, JUSTICE ACT,
28 U.S.C. § 2412Commissioner of the Social Security 13 Administration,
14 Defendant.
15 16 IT IS HEREBY STIPULATED by and between the parties through their undersigned 17 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses 18 in the above-entitled action in the amount of $7,424.23 under the Equal Access to Justice Act 19 (EAJA),
28 U.S.C. § 2412(d). This amount represents compensation for all legal services and 20 expenses incurred on behalf of Plaintiff by counsel in connection with this civil action. 21 Upon the Court’s issuance of an order granting EAJA fees to Plaintiff, the government will 22 determine the issue of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue 23 v. Ratliff,
560 U.S. 586, 597-598(2010), the ability to honor the assignment will depend on if the 24 fees are subject to any offset allowed under the United States Department of the Treasury’s Offset 25 Program. After the order for EAJA fees is entered, the government will promptly determine whether 26 they are subject to any offset. 27 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 28 that Plaintiff does not owe a federal debt, then the government will cause the payment of fees to be 1 made directly to Plaintiff’s attorney, LAW OFFICE OF JARED T. WALKER, P.C., pursuant to the 2 assignment executed by Plaintiff. Any payments made to Plaintiff will be delivered to JARED T. 3 WALKER. 4 This stipulation constitutes a settlement of Plaintiff’s request for EAJA attorney fees and 5 does not constitute an admission of liability on the part of defendant under the EAJA or otherwise. 6 Payment of the agreed amount will constitute a complete release from, and bar to, any and all claims 7 that Plaintiff and/or Plaintiff’s attorney, including LAW OFFICE OF JARED T. WALKER, P.C., 8 may have relating to EAJA attorney fees in connection with this action. 9 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 10 attorney fees under
42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 11 Dated: September 4, 2025 Respectfully submitted, 12 /s/ Jared Walker JARED WALKER, 13 Attorney for Plaintiff
14 SO STIPULATED: 15 ERIC GRANT United States Attorney 16
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18 By: /s/ *Jeffrey Staples JEFFREY E. STAPLES 19 (*authorized by e-mail on 9/04/2025) Special Assistant United States Attorney 20
Attorneys for Defendant 21
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28 1 ORDER 2 Based upon the parties’ Stipulation for Award of Attorney Fees pursuant to the Equal Access 3 || to Justice Act (EAJA), 4 IT IS ORDERED that Plaintiff is awarded $7,424.23 in fees and expenses under 28 U.S.C. 5 || § 2412(d), inclusive of all amounts claimed, subject to and in accordance with the terms of the 6 || parties’ foregoing Stipulation. 7 8 || Dated: September 8, 2025 . Cn Sno | HON. CHI SOO KIM 10 UNITED STATES MAGISTRATE JUDGE Hs vame.2285.24 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3- GTIDIN ATIAN ANT DDADAGCENADHED DAD
Reference
- Full Case Name
- Veronica Yanez v. Frank Bisignano, Commissioner of the Social Security Administration
- Status
- Unknown