(SS) Arrieta v. Commissioner of Social Security

E.D. California

(SS) Arrieta v. Commissioner of Social Security

District Court, E.D. California·Decided January 5, 2024·No. 1:23-cv-00802·Unknown

Opinion

JERRY ARRIETA, No. 1:23-cv-00802-NODJ-EPG Plaintiff, v. ORDER ADOPTING THE PARTIES’ STIPULATION FOR THE AWARD OF KILOLO KIJAKAZI, Acting ATTORNEY’S FEES UNDER THE EQUAL Commissioner of Social Security, ACCESS TO JUSTICE ACT Defendant. (ECF No. 21)

On May 25, 2023, Plaintiff Jerry Arrieta filed this action seeking review of a final decision of Defendant Kilolo Kijakazi, Acting Commissioner of Social Security. (ECF No. 1.) The Court remanded the matter on October 26, 2023 for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g) and directed entry of judgment in favor of Plaintiff. (ECF No. 19.) On December 6, 2023, the parties filed a stipulation that Plaintiff should be awarded attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), in the amount of $8,900.00. (ECF No. 21.) The parties further stipulate that Plaintiff is not entitled to any costs under 28 U.S.C. § 1920. (Id.) Accordingly, 1. Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), Plaintiff is awarded attorney’s fees in the amount of $8,900.00; and ] 2. After the issuance of this order, the government shall consider the assignment of the Equal Access to Justice Act attorney’s fees to Plaintiff's counsel as follows: a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such assignment will depend on whether the attorney’s fees are subject to any offset allowed under the United States Department of Treasury’s Offset Program; b. Fees shall be made payable to Plaintiff, but if the Department of Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of attorney’s fees to be made directly to □□□□□□□□□□□ counsel, Francesco Benavides; and c. Whether the payment of attorney’s fees is made payable to Plaintiff or to counsel, the check will be mailed to Plaintiff's counsel’s mailing address at: Francesco Benavides Law Offices of Francesco Benavides 1990 N. California Blvd. Suite 20, PMB 1038 Walnut Creek, CA 94596

” DATED: _ January 4, 2024 CHIEF ED STATES DISTRICT JUDGE

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JERRY ARRIETA, No. 1:23-cv-00802-NODJ-EPG Plaintiff, v. ORDER ADOPTING THE PARTIES’ STIPULATION FOR THE AWARD OF KILOLO KIJAKAZI, Acting ATTORNEY’S FEES UNDER THE EQUAL Commissioner of Social Security, ACCESS TO JUSTICE ACT Defendant. (ECF No. 21)

On May 25, 2023, Plaintiff Jerry Arrieta filed this action seeking review of a final decision of Defendant Kilolo Kijakazi, Acting Commissioner of Social Security. (ECF No. 1.) The Court remanded the matter on October 26, 2023 for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g) and directed entry of judgment in favor of Plaintiff. (ECF No. 19.) On December 6, 2023, the parties filed a stipulation that Plaintiff should be awarded attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), in the amount of $8,900.00. (ECF No. 21.) The parties further stipulate that Plaintiff is not entitled to any costs under 28 U.S.C. § 1920. (Id.) Accordingly, 1. Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), Plaintiff is awarded attorney’s fees in the amount of $8,900.00; and ] 2. After the issuance of this order, the government shall consider the assignment of the Equal Access to Justice Act attorney’s fees to Plaintiff's counsel as follows: a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such assignment will depend on whether the attorney’s fees are subject to any offset allowed under the United States Department of Treasury’s Offset Program; b. Fees shall be made payable to Plaintiff, but if the Department of Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of attorney’s fees to be made directly to □□□□□□□□□□□ counsel, Francesco Benavides; and c. Whether the payment of attorney’s fees is made payable to Plaintiff or to counsel, the check will be mailed to Plaintiff's counsel’s mailing address at: Francesco Benavides Law Offices of Francesco Benavides 1990 N. California Blvd. Suite 20, PMB 1038 Walnut Creek, CA 94596

” DATED: _ January 4, 2024 CHIEF ED STATES DISTRICT JUDGE

(SS) Arrieta v. Commissioner of Social Security, (E.D. Cal. 2024).

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