(SS) Chong v. Commissioner of Social Security

• Court: District Court, E.D. California
• Decided: December 2, 2024
• Docket: 1:24-cv-00376
• Status: Unknown

Opinion

1 Jonathan O. Peña, Esq. 2 CA Bar ID No.: 278044 Peña & Bromberg, PLC 3 3467 W. Shaw Ave., Ste 100 4 Fresno, CA 93711 Telephone: 559-439-9700 5 Facsimile: 559-439-9723 6 Email: info@jonathanpena.com Attorney for Plaintiff, Paula Chong 7

8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 11 12 Paula Chong, Case No. 1:24-cv-00376-SKO

13 Plaintiff, STIPULATION AND UNOPPOSED 14 MOTION FOR THE AWARD AND v. PAYMENT OF ATTORNEY FEES 15 AND EXPENSES PURSUANT TO THE 16 Martin O’Malley, Commissioner of EQUAL ACCESS TO JUSTICE ACT; Social Security, ORDER 17 18 Defendant. (Doc. 19)

19 20 IT IS HEREBY STIPULATED by and between the parties through their 21 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 22 attorney fees and expenses in the amount of FIVE THOUSAND EIGHT HUNDRED 23 FIFTY-SIX DOLLARS AND 00/100 ($5,856.00) under the Equal Access to Justice Act 24 (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of ZERO dollars ($0.00) under 25 28 U.S.C. §1920. This amount represents compensation for all legal services rendered 26 on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 27 28 U.S.C. §§ 1920, 2412(d). 1 Plaintiff was the prevailing party in this matter and Plaintiff is an individual 2 whose net worth does not exceed $2,000,000 at the time the civil action was filed. 3 After the Court issues an order for EAJA fees to Plaintiff, the government will 4 consider the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. 5 Under Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees awarded by this 6 Court belong to the Plaintiff and are subject to offset under the Treasury Offset Program 7 (31 U.S.C. § 3716(c)(3)(B) (2006)). Any EAJA fees should therefore be awarded to 8 Plaintiff and not to Plaintiff’s attorney. If, after receiving the Court’s EAJA fee order, 9 the Commissioner (1) determines that Plaintiff has assigned his right to EAJA fees to 10 his attorney; (2) determines that Plaintiff does not owe a debt that is subject to offset 11 under the Treasury Offset Program, and (3) agrees to waive the requirements of the 12 Anti-Assignment Act, then the EAJA fees will be made payable to Plaintiff’s attorney. 13 However, if there is a debt owed under the Treasury Offset Program, the Commissioner 14 cannot agree to waive the requirements of the Anti-Assignment Act, and the remaining 15 16 EAJA fees after offset will be paid by a check or electronic fund transfer (EFT) made 17 out to Plaintiff, but delivered to Plaintiff’s attorney. 18 This stipulation constitutes a compromise settlement of Plaintiff’s request for 19 EAJA attorney fees, and does not constitute an admission of liability on the part of 20 Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute 21 a complete release from, and bar to, any and all claims that Plaintiff and/or Counsel 22 including Counsel’s firm may have relating to EAJA attorney fees in connection with 23 this action. 24 The parties further agree that the EAJA award is without prejudice to the right of 25 Plaintiff’s attorney to seek attorney fees pursuant to Social Security Act § 206(b), 42 26 U.S.C. § 406(b), subject to the offset provisions of the EAJA. See 28 U.S.C. § 27 2412(c)(1) (2006). 1 Respectfully submitted, 2

3 Dated: November 27, 2024 /s/ Jonathan O. Peña 4 J ONATHAN O. PEÑA Attorney for Plaintiff 5

6 Dated: November 27, 2024 PHILLIP A. TALBERT 7 United States Attorney MATHEW W. PILE 8 Associate General Counsel 9 Office of Program Litigation Social Security Administration 10 11 By: _*_Marcelo N. Illarmo Marcelo N. Illarmo 12 Special Assistant U.S. Attorney 13 Attorneys for Defendant (*Permission to use electronic signature 14 obtained via email on November 27, 2024). 15 16

17 18 19 20 21 22 23 24 25 26 27 1 ORDER 2 Based upon the parties’ Stipulation and Unopposed Motion for the Award and 3 4 Payment of Equal Access to Justice Act Fees and Expenses (the “Stipulation”) (Doc. 5 19), 6 IT IS ORDERED that fees and expenses in the amount of FIVE THOUSAND 7 8 EIGHT HUNDRED FIFTY-SIX DOLLARS AND 00/100 ($5,856.00) as authorized by 9 the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) and costs in the amount of 10 11 ZERO dollars ($0.00) under 28 U.S.C. §1920, be awarded subject to the terms of the 12 Stipulation. 13

14 IT IS SO ORDERED.

15 Dated: December 2, 2024 /s/ Sheila K. Oberto . 16 UNITED STATES MAGISTRATE JUDGE

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