BILLY LEE SAPPINGTON v. UNITED STATES SOCIAL SECURITY ADMINISTRATION
BILLY LEE SAPPINGTON v. UNITED STATES SOCIAL SECURITY ADMINISTRATION
Trial Court Opinion
1 ERIC GRANT United States Attorney 2 MATHEW W. PILE Head of Program Litigation 1 3 Social Security Administration | Law & Policy MARGARET BRANICK-ABILLA, CSBN 223600 4 Special Assistant United States Attorney 5 Program Litigation 1 Social Security Administration | Law & Policy 6 6401 Security Boulevard Baltimore, MD 21235 7 Telephone: (510) 970-4809 Email: [email protected] 8
9 Attorneys for Defendant
10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 12
13 BILLY LEE SAPPINGTON, Civil No. 1:25-cv-00139-JLT-GSA
14 Plaintiff, STIPULATION FOR THE AWARD AND 15 vs. PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 16 COMMISSIONER OF SOCIAL SECURITY,
28 U.S.C. § 2412(d) 17 Defendant. 18 19 20 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the 22 amount of SIX THOUSAND, THREE HUNDRED DOLLARS AND ZERO CENTS 23 ($6,300.00) under the Equal Access to Justice Act (EAJA),
28 U.S.C. § 2412(d). This amount 24 represents compensation for all legal services rendered on behalf of Plaintiff by counsel in 25 connection with this civil action, in accordance with
28 U.S.C. § 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 27 the matter of Plaintiff’s assignment of EAJA fees to counsel Jonathan O. Pena (Counsel). 28 Pursuant to Astrue v. Ratliff,
560 U.S. 586, 598(2010), the ability to honor the assignment will 1 depend on whether the fees are subject to any offset allowed under the United States Department 2 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 3 determine whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 5 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 6 be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments 7 made shall be delivered to Counsel. Payments may be made by electronic funds transfer (EFT) 8 or by check. 9 Plaintiff was an individual whose net worth did not exceed $2,000,000 at the time the 10 civil action was filed. 12 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 13 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 14 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 15 bar to, any and all claims that Plaintiff and/or Counsel, including Counsel’s law firm and any 16 associates, may have relating to EAJA attorney fees in connection with this action. 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 This award is without prejudice to the rights of Counsel to seek Social Security Act 2 attorney fees under
42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 3 Respectfully submitted, 4 Dated: November 12, 2025 PENA AND BROMBERG, PC 5 By:/s/ Jonathan Pena* 6 JONATHAN PENA 7 Attorneys for Plaintiff [*As authorized by e-mail on Nov. 12, 2025] 8 Dated: November 12, 2025 ERIC GRANT 9 United States Attorney MATHEW W. PILE 10 Head of Program Litigation 1 Social Security Administration | Law & Policy 12 By: /s/Margaret Branick-Abilla 13 MARGARET BRANICK-ABILLA Special Assistant United States Attorney 14 Attorneys for Defendant 15 16 ORDER 17 Pursuant to stipulation, IT IS SO ORDERED. 18 IT IS SO ORDERED. 19 . 0 Dated: November 12, 2025 TED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28
Stipulation; Order Page 3 Case No. 1:25-cv-00139-JLT-GSA
Reference
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