Candelario Campeon Valdovinos v. Commissioner of Social Security

United States District Court for the Eastern District of California

Candelario Campeon Valdovinos 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 CANDELARIO CAMPEON No. 2:25-cv-00806-DC-SCR (SS) VALDOVINOS, 12 ORDER ADOPTING THE PARTIES’ Plaintiff, STIPULATION FOR THE AWARD AND 13 PAYMENT OF ATTORNEY FEES AND v. EXPENSES PURSUANT TO THE EQUAL 14 ACCESS TO JUSTICE ACT COMMISSIONER OF SOCIAL 15 SECURITY, (Doc. No. 17) 16 Defendant. 17 18 On March 12, 2025, Plaintiff Candelario Campeon Valdovinos filed this action seeking 19 review of a final decision of Defendant Commissioner of Social Security. (Doc. No. 1.) On July 20 25, 2025, the parties filed a stipulation agreeing to remand this case for further proceedings 21 pursuant to

42 U.S.C. § 405

(g). (Doc. No. 14.) On August 12, 2025, the court issued an order 22 giving effect to the parties’ stipulation, remanding this case for further proceedings, and directing 23 the Clerk of the Court to enter final judgment in favor of Plaintiff. (Doc. No. 15.) 24 On August 27, 2025, the parties filed a stipulation requesting an order that Plaintiff be 25 awarded attorney’s fees and expenses in the amount of $6,500.00 under the Equal Access to 26 Justice Act (“EAJA”),

28 U.S.C. § 2412

(d).1 (Doc. No. 17.) The EAJA provides for an award of 27 1 Under the Equal Access to Justice Act, the court may award a judgment of costs to the 28 prevailing party.

28 U.S.C. § 2412

(a)(1) (citing

28 U.S.C. § 1920

). Here, the parties do not 1 | attorney fees to private litigants who prevail in civil actions (other than tort) against the United 2 | States and timely file a petition for fees.

28 U.S.C. § 2412

(d)(1)(A). Good cause appearing, and 3 | pursuant to the parties’ stipulation, the court orders as follows: 4 1. Pursuant to the EAJA,

28 U.S.C. § 2412

(d), Plaintiff is awarded attorney’s fees 5 and expenses in the amount of $6,500.00; 6 2. After the issuance of this order, the government shall consider the assignment of 7 the EAJA attorney’s fees to Plaintiffs counsel; 8 a. Pursuant to the decision in Astrue v. Ratliff,

560 U.S. 586

(2010), any such 9 assignment will depend on whether the attorney’s fees are subject to any 10 offset allowed under the United States Department of Treasury’s (“the 11 DOT”) Offset Program; 12 b. Fees shall be made payable to Plaintiff, but if the DOT determines that 13 Plaintiff does not owe a federal debt, then the government shall cause the 14 payment of attorney’s fees to be made directly to Plaintiffs counsel, 15 Francesco P. Benavides; 16 3. Whether the payment of attorney’s fees is made payable to Plaintiff or to his 17 counsel, the check will be mailed to Plaintiff's counsel’s mailing address at: 18 Francesco P. Benavides Law Offices of Francesco Benavides 19 1990 N. California Blvd., 8th Floor 50 Walnut Creek, CA 94596

IT IS SO ORDERED. : > | Dated: _ September 8, 2025 RY os Dena Coggins 23 United States District Judge 24 25 26 27 | -—TT_ request costs within their motion. (/d. at 1-2.) Accordingly, no costs are awarded under 28 U.S.C. 28 | § 1920.

Reference

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