Dionne Singleton v. Frank Bisignano, Commissioner of Social Security
Dionne Singleton v. Frank Bisignano, Commissioner of Social Security
Trial Court Opinion
1 Francesco Benavides, CSBN 258924 Law Offices of Francesco Benavides 2 1990 N. California Blvd. 8th Floor Walnut Creek, CA 94596 3 Tel: (925) 222-7071 Email: [email protected] 4 Attorney for Plaintiff 5 DIONNE SINGLETON 6 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 FRESNO DIVISION 9
10 DIONNE SINGLETON, Case No. 1:24-cv-01417-BAM
11 Plaintiff, STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND 12 v. EXPENSES PURSUANT TO THE EQUAL 13 ACCESS TO JUSTICE ACT; [PROPOSED] FRANK BISIGNANO, Commissioner of ORDER 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 $8,200.00, under the Equal Access to Justice Act (EAJA),
28 U.S.C. § 2412(d), and no costs under 19
28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of 20 Plaintiff by counsel in connection with this civil action, in accordance with
28 U.S.C. §§ 2412(d), 21 1920. 22 The parties stipulate that the position of the United States was not substantially justified in this 23 case, and therefore, Plaintiff is entitled to attorney fees pursuant to EAJA. 24 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 25 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff,
560 U.S. 586, 26 598,
130 S.Ct. 2521,
177 L.Ed.2d 91(2010), the ability to honor the assignment will depend on 27 whether the fees are subject to any offset allowed under the United States Department of the 1 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 2 whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 4 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 5 and costs to be made directly to Plaintiff’s counsel, Francesco Benavides, pursuant to the assignment 6 executed by Plaintiff. 7 Payments may be made by electronic funds transfer (EFT) or by check. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 9 fees and does not constitute an admission of liability on the part of Defendant under the EAJA or 10 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 11 and all claims that Plaintiff and/or Francesco Benavides, including the Law Offices of Francesco 12 Benavides, may have relating to EAJA attorney fees in connection with this action. 13 This award is without prejudice to the rights of Francesco Benavides to seek Social Security 14 Act attorney fees under
42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 15 16 Respectfully submitted, 17 Dated: December 23, 2025 Law Offices of Francesco Benavides 18 By: /s/ Francesco Benavides 19 FRANCESCO P. BENAVIDES Attorney for Plaintiff 20
21 Dated: December 23, 2025 ERIC GRANT 22 United States Attorney MATHEW W. PILE 23 Head of Program Litigation 1 Social Security Administration 24
25 By: Lori Lookliss* LORI LOOKLISS 26 Special Assistant U.S. Attorney Attorneys for Defendant 27 (*Permission to use electronic signature obtained via email on December 23, 2025). 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 3 Fees and Expenses, IT IS ORDERED that fees and expenses in the amount of $8,200.00 as 4 authorized by
28 U.S.C. § 2412, and no costs under
28 U.S.C. § 1920, be awarded subject to the terms 5 of the Stipulation.
6
7 IT IS SO ORDERED.
8 Dated: December 29, 2025 /s/ Barbara A. McAuliffe _ 9 UNITED STATES MAGISTRATE JUDGE
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Reference
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