Dara Lindsey Bucy v. Frank Bisignano, Commissioner of Social Security
Dara Lindsey Bucy v. Frank Bisignano, Commissioner of Social Security
Trial Court Opinion
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7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 FRESNO DIVISION
10 DARA LINDSEY BUCY, Case No. 1:25-cv-00864-JLT-EPG
11 Plaintiff, STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND 12 v. EXPENSES PURSUANT TO THE EQUAL 13 ACCESS TO JUSTICE ACT; ORDER Frank Bisignano, COMMISIONER OF 14 SOCIAL SECURITY,
15 Defendant. 16 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 17 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount 18 of $7,000, under the Equal Access to Justice Act (EAJA),
28 U.S.C. § 2412(d), and $405 in costs 19 under 28. U.S.C. § 1920. This amount represents compensation for all legal services rendered on 20 behalf of Plaintiff by counsel in connection with this civil action, in accordance with
28 U.S.C. §§ 1920, 2412(d). 21 The parties stipulate that the position of the United States was not substantially justified in this 22 case, and therefore Plaintiff is entitled to attorney fees pursuant to EAJA. 23 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 24 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff,
560 U.S. 586, 25 598,
130 S.Ct. 2521,
177 L.Ed.2d 91(2010), the ability attorney to honor the assignment will depend 26 on whether the fees are subject to any offset allowed under the United States Department of the 27 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 1 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 2 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 3 and costs to be made directly to Plaintiff’s counsel, Francesco Benavides, pursuant to the assignment 4 executed by Plaintiff. 5 Payments may be made by electronic funds transfer (EFT) or by check. This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 6 fees and does not constitute an admission of liability on the part of Defendant under the EAJA or 7 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and 8 all claims that Plaintiff and/or Francesco Benavides, including the Law Offices of Francesco 9 Benavides, may have relating to EAJA attorney fees in connection with this action. 10 This award is without prejudice to the rights of Francesco Benavides to seek Social Security 11 Act attorney fees under
42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA 12 \\\ 13 \\\ 14 \\ 15
16 17 18 Respectfully submitted,
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20 Dated: November, 21 2025 /s/ Francesco Benavides F RANCESCO P. BENAVIDES 21 Attorney for Plaintiff 22 Dated: November 21, 2025 ERIC GRANT 23 United States Attorney MATHEW W. PILE 24 Head of Program Litigation I 25 Social Security Administration
26 By: Margaret Branick-Abilla* MARGARET BRANICK-ABILLA 27 Special Assistant U.S. Attorney Attorneys for Defendant 1 2 ORDER 3 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 4 Fees and Expenses (the “Stipulation’’), 5 IT IS ORDERED that fees and expenses in the amount $7,000 as authorized by the Equal Access to Justice Act (EAJA),
28 U.S.C. § 2412(d), and $405 in costs under
28 U.S.C. § 1920, be ° awarded subject to the terms of the Stipulation.
8 || IT IS SO ORDERED. "| Dated: _November 24, 2025 [Je hey 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-
Reference
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