Peggy Lynn Ginsba v. Social Security Administration
Peggy Lynn Ginsba v. Social Security Administration
Trial Court Opinion
1 ERIC GRANT United States Attorney 2 MATHEW W. PILE, WSBN 32245 Associate General Counsel 3 Office of Program Litigation, Office 7 4 Oscar Gonzalez de Llano Special Assistant United States Attorney 5 Social Security Administration 6 Office of General Counsel 6401 Security Boulevard 7 Baltimore, MD 21235 8 Telephone: (510) 970-4818 9 Email: [email protected] Attorneys for Defendant 10 11 Sherianne Laba (SBN: 204247) Osterhout Berger Disability Law LLC 12 521 Cedar Way, Suite 200 13 Oakmont, PA 15139 Phone: (412) 794-8003 14 Fax: (412) 794-8050 15 Email: [email protected] Attorney for Plaintiff, Peggy Lynn Ginsbach 16 17 UNITED STATES DISTRICT COURT 18 FOR THE EASTERN DISTRICT OF CALIFORNIA
19 Peggy Lynn Ginsbach Case No. 1:25-cv-00874-SKO 20 Plaintiff, STIPULATION AND UNOPPOSED 21 MOTION FOR THE AWARD OF 22 v. ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (EAJA) 23 Commissioner of Social Security,
28 U.S.C. § 2412(d) 24 Defendant. (Doc. 13) 25
26 27 TO THE HONORABLE SHEILA K. OBERTO, MAGISTRATE JUDGE OF THE UNITED STATES DISTRICT COURT: 1 The Parties through their undersigned counsel, subject to the Court’s approval, 2 stipulate that Plaintiff be awarded attorney fees in the amount of ONE THOUSAND, 3 TWO HUNDRED SEVENTY TWO DOLLARS and 54/100 ($1,272.54) under the Equal 4 Access to Justice Act (EAJA),
28 U.S.C. § 2412(d). This amount represents 5 compensation for all legal services rendered on behalf of Plaintiff by counsel in 6 connection with this civil action, in accordance with
28 U.S.C. § 2412(d). Plaintiff attests 7 her net worth has not exceeded, $2,000,000.00, at the time of the filing of this civil action 8 nor at the present. 9 After the Court issues an order for EAJA fees to Plaintiff, the government will 10 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue 11 v. Ratliff,
560 U.S. 586, 598,
130 S.Ct. 2521,
177 L.Ed.2d 91(2010), the ability to honor 12 the assignment will depend on whether the fees are subject to any offset allowed under 13 the United States Department of the Treasury’s Offset Program. After the order for EAJA 14 fees is entered, the government will determine whether they are subject to any offset. 15 16 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 17 determines that Plaintiff does not owe a federal debt, then the government shall cause the 18 payment of fees, expenses and costs to be made directly to counsel, pursuant to the 19 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 20 counsel, Sherianne Laba, at 521 Cedar Way, Suite 200, Oakmont, Pennsylvania 15139. 21 This stipulation constitutes a compromise settlement of Plaintiff’s request for 22 EAJA fees, and does not constitute an admission of liability on the part of Defendant 23 under the EAJA. Payment of ONE THOUSAND, TWO HUNDRED SEVENTY TWO 24 DOLLARS and 54/100 ($1,272.54) in EAJA attorney fees. The reimbursement of costs, 25 not meeting any of the exception waivers provided for by
31 C.F.R. § 208.4, shall be 26 made payable to Plaintiff’s counsel, Sherianne Laba, and electronically deposited directly 27 to the bank account of the law firm of Osterhout Berger Daley, LLC as required by 31
1 C.F.R. § 208.3and the Bureau of Fiscal Service, Department of the Treasury. 2 These payments shall constitute a complete release from, and bar to, any and all 3 claims that Plaintiff and Plaintiff’s attorney, Sherianne Laba, may have relating to EAJA 4 attorney fees in connection with this action. 5 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social 6 Security Act attorney fees under
42 U.S.C. § 406(b), subject to the savings clause 7 provisions of the EAJA. 8 Respectfully submitted, 9 10 Dated: December 15, 2025 /s/ Sherianne Laba SHERIANNE LABA, ESQUIRE 11 Attorney for Plaintiff 12 Dated: December 15, 2025 ERIC GRANT 13 United States Attorney 14 By: /s/ Oscar Gonzalez de Llano 15 OSCAR GONZALEZ DE LLANO 16 Special Assistant United States Attorney Attorneys for Defendant 17 (*Permission to use electronic signature 18 obtained via email on 12/15/25).
19 20 21 22 23 24 25 26 27 1 ORDER 2 Based upon the parties’ Stipulation and Unopposed Motion for the Award of 3 Attorney Fees Under the Equal Access to Justice Act (EAJA) (the “Stipulation”) (Doc. 4 13), IT IS ORDERED that attorney’s fees of ONE THOUSAND TWO HUNDRED 5 SEVENTY TWO DOLLARS and 54/100 ($1,272.54) under the EAJA are awarded in 6 the amount as authorized by
28 U.S.C. § 2412(d), and subject to the terms and conditions 7 of the Stipulation. 8 IT IS SO ORDERED. 9 10 Dated: December 17, 2025 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
Reference
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