Kristy Pomaski v. Commissioner of Social Security
Kristy Pomaski 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 KRISTY POMASKI, No. 2:25-cv-01305-DAD-SCR (SS) 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 JUSTICE ACT 15 Defendant. (Doc. No. 20) 16
17 18 On May 7, 2025, plaintiff Kristy Pomaski filed this action seeking review of a final 19 decision of defendant Commissioner of Social Security. (Doc. No. 1.) On November 5, 2025, 20 the parties filed a stipulation to voluntarily remand to the Commissioner of Social Security for 21 further proceedings, and on November 7, 2025, pursuant to the parties’ stipulation the matter 22 remanded. (Doc. Nos. 17, 18.) On November 12, 2025, the parties filed a stipulation with the 23 court in which they agree that plaintiff shall be awarded attorney’s fees under Equal Access to 24 Justice Act (“EAJA”),
28 U.S.C. § 2412(d), in the amount of $7,234.10. (Doc. No. 20.) 25 Good cause appearing, and pursuant to the parties’ November 12, 2025 stipulation, the 26 court orders as follows: 27 1. Pursuant to the EAJA,
28 U.S.C. § 2412(d), plaintiff is awarded attorney’s fees in 28 the amount of $7,234.10; 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 to be made directly to plaintiff's 10 counsel, Francesco Benavides; and 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 Francesco Paulo Benavides Law Offices of Francesco Benavides 14 1990 N. California Blvd. 8th Floor 15 Walnut Creek, CA 94596 16 17 IT IS SO ORDERED. 18 | Dated: _ November 13, 2025 ») al A. 2d, yeh 19 DALE A. DROZD UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28
Reference
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