Stacey Masako Hayward v. Commissioner of Social Security

United States District Court for the Eastern District of California

Stacey Masako Hayward 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 STACEY MASAKO HAYWARD, No. 2:25-cv-01606-DC-DMC 12 Plaintiff, 13 v. ORDER ADOPTING THE PARTIES’ STIPULATION FOR THE AWARD OF 14 COMMISSIONER OF SOCIAL ATTORNEY’S FEES AND EXPENSES SECURITY, UNDER THE EQUAL ACCESS TO JUSTICE 15 ACT Defendant. 16 (Doc. No. 19)

17 18 On June 10, 2025, Plaintiff Stacey Masako Hayward filed this action seeking review of a 19 final decision of Defendant Commissioner of Social Security. (Doc. No. 1.) On November 26, 20 2025, the matter was remanded to the Commissioner of Social Security for further proceedings 21 pursuant to

42 U.S.C. § 405

(g). (Doc. No. 18.) On December 17, 2025, the parties filed a 22 stipulation with the court in which the parties agree that Plaintiff shall be awarded attorney’s fees 23 and expenses under the Equal Access to Justice Act (“EAJA”),

28 U.S.C. § 2412

(d), in the 24 amount of $8,200.00, and no costs under

28 U.S.C. § 1920

. (Doc. No. 19.) 25 Good cause appearing, and pursuant to the parties’ December 17, 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 28 and expenses in the amount of $8,200.00; 1 2. No costs are awarded under

28 U.S.C. § 1920

; 2 3. After the issuance of this order, the government shall consider the assignment of 3 the EAJA attorney’s fees to Plaintiff's counsel; 4 a. Pursuant to the decision in Astrue v. Ratliff,

560 U.S. 586

(2010), any such 5 assignment will depend on whether the attorney’s fees are subject to any 6 offset allowed under the United States Department of Treasury’s (“the 7 DOT”) Offset Program; 8 b. Fees shall be made payable to Plaintiff, but if the DOT determines that 9 Plaintiff does not owe a federal debt, then the government shall cause the 10 payment of attorney’s fees to be made directly to Plaintiffs counsel, 11 Francesco Paulo Benavides; and 12 4. Whether the payment of attorney’s fees is made payable to Plaintiff or to her 13 counsel, the check will be mailed to Plaintiff's counsel’s mailing address at: 14 Francesco Paulo Benavides Law Offices of Francesco 15 1990 N. California Blvd., 8th Floor 16 Walnut Creek, CA 94596

17 IT IS SO ORDERED. 18 Dated: _ December 22, 2025 19 Dena Coggins United States District Judge 20 21 22 23 24 25 26 27 28

Reference

Status
Unknown