(SS) Baker v. Commissioner of Social Security

Opinion

1 MICHELE BECKWITH Acting United States Attorney 2 MATHEW W. PILE Associate General Counsel 3 Office of Program Litigation, Office 7 MARGARET BRANICK-ABILLA (CABN 223600) 4 Special Assistant United States Attorney 5 Office of Program Litigation, Office 7 Office of the General Counsel 6 Social Security Administration 6401 Security Boulevard 7 Baltimore, MD 21235 Telephone: (510) 970-4809 8 Email: Margaret.Branick-Abilla@ssa.gov 9 Attorneys for Defendant 10 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 TERESA DIANE BAKER, Civil No. 1:24-cv-00899-SKO 14 Plaintiff, 15 STIPULATION AND UNOPPOSED MOTION vs. FOR THE AWARD AND PAYMENT OF 16 ATTORNEY FEES PURSUANT TO THE 17 COMMISSIONER OF SOCIAL SECURITY, EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d); ORDER 18 Defendant. (Doc. 26) 19

20 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the 22 amount of EIGHT THOUSAND DOLLARS AND ZERO CENTS ($8,000.00) under the Equal 23 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for 24 all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 25 accordance with 28 U.S.C. § 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 27 the matter of Plaintiff’s assignment of EAJA fees to counsel Jonathan O. Pena (Counsel). 28 Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will 1 depend on whether the fees are subject to any offset allowed under the United States Department 2 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 3 determine whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 5 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 6 be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments 7 made shall be delivered to Counsel. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the 9 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 10 bar to, any and all claims that Plaintiff and/or Counsel, including Counsel’s law firm and 12 associates, may have relating to EAJA attorney fees in connection with this action. 13 This award is without prejudice to the rights of Counsel to seek Social Security Act 14 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 15 Respectfully submitted, 16 Dated: June 23, 2025 PENA & BROMBERG, PLC 17

18 By: /s/ Jonathan O. Pena* JONATHAN O. PENA 19 Attorneys for Plaintiff [*As authorized by e-mail on June 23, 2025] 20 Dated: June 24, 2025 MICHELE BECKWITH 21 Acting United States Attorney 22 MATHEW W. PILE Associate General Counsel 23 Office of Program Litigation, Office 7

24 By: /s/ Margaret Branick-Abilla 25 MARGARET BRANICK-ABILLA Special Assistant United States Attorney 26 Attorneys for Defendant 27

28 1 ORDER 2 Based upon the parties’ foregoing Stipulation and Unopposed Motion for the Award and 3 Payment of Attorney’s Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (the 4 “Stipulation”) (Doc. 26), 5 6 IT IS ORDERED that fees in the amount of $8,000 as authorized by 28 U.S.C. § 2412 be 7 awarded subject to the terms of the Stipulation. 8 IT IS SO ORDERED. 9

10 Dated: June 24, 2025 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 12

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