(SS) Alexander v. Commissioner of Social Security

E.D. California

(SS) Alexander v. Commissioner of Social Security

District Court, E.D. California·Decided July 29, 2025·No. 2:25-cv-00455·Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS RUSSEL ALEXANDER, No. 2:25-cv-00455-DAD-SCR 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. 17) 16

17 18 On February 5, 2025, plaintiff Thomas Russell Alexander filed this action seeking review 19 of a final decision of defendant Commissioner of Social Security. (Doc. No. 1.) On July 10, 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. 15.) On July 25, 2025, the parties filed a stipulation 22 with the court in which the parties agree that plaintiff shall be awarded attorney’s fees under the 23 Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $8,500.00. (Doc. 24 No. 17.) 25 Good cause appearing, and pursuant to the parties’ July 25, 2025 stipulation, the court 26 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 $8,500.00; 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 directly to plaintiff's counsel, 10 Francesco Benavides; 11 3. Whether the payment of attorney’s fees is made payable to plaintiff or to his 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., 8" Floor 5 Walnut Creek, CA 94596

16 IT IS SO ORDERED. 17 | Dated: _ July 28, 2025 Da A. 2d, ye DALE A. DROZD 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS RUSSEL ALEXANDER, No. 2:25-cv-00455-DAD-SCR 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. 17) 16

17 18 On February 5, 2025, plaintiff Thomas Russell Alexander filed this action seeking review 19 of a final decision of defendant Commissioner of Social Security. (Doc. No. 1.) On July 10, 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. 15.) On July 25, 2025, the parties filed a stipulation 22 with the court in which the parties agree that plaintiff shall be awarded attorney’s fees under the 23 Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $8,500.00. (Doc. 24 No. 17.) 25 Good cause appearing, and pursuant to the parties’ July 25, 2025 stipulation, the court 26 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 $8,500.00; 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 directly to plaintiff's counsel, 10 Francesco Benavides; 11 3. Whether the payment of attorney’s fees is made payable to plaintiff or to his 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., 8" Floor 5 Walnut Creek, CA 94596

16 IT IS SO ORDERED. 17 | Dated: _ July 28, 2025 Da A. 2d, ye DALE A. DROZD 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28

(SS) Alexander v. Commissioner of Social Security, (E.D. Cal. 2025).

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