(SS) Contrashas Smith v. Commissioner of Social Security

Opinion

McGREGOR W. SCOTT United States Attorney DEBORAH LEE STACHEL, CSBN 230138 Regional Chief Counsel, Region IX Social Security Administration Carol S. Clark, MOBN 42670 Special Assistant United States Attorney Assistant Regional Counsel Social Security Administration, Region IX 160 Spear Street, Suite 800 San Francisco, California 94105 Tel: (415) 977-8975 E-mail: carol.s.clark@ssa.gov Attorneys for Defendant Jonathan O. Peña, Esq. CA Bar ID No.: 278044 Peña & Bromberg, PLC 2440 Tulare St., Ste. 320 Fresno, CA 93721 Telephone: 559-439-9700 Facsimile: 559-439-9700 info@jonathanpena.com Attorney for Plaintiff, Shawn Paul Smith FOR THE EASTERN DISTRICT OF CALIFORNIA Sierra Smith, No. 2.19-cv-01312-DB Plaintiff, STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES UNDER v. THE EQUAL ACCESS TO JUSTICE ACT (EAJA) Andrew Saul, Commissioner of 28 U.S.C. § 2412(d) Social Security, Defendant. The Parties through their undersigned counsel, subject to the Court’s approval, stipulate that Plaintiff be awarded attorney fees in the amount SIX THOUSAND FIVE HUNDRED DOLLARS AND 00/100, ($6,500.00), under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine whether they are subject to any offset. Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to be made directly to counsel, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel, Jonathan O. Peña. This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. Payment of SIX THOUSAND FIVE HUNDRED DOLLARS AND 00/100, ($6,500.00), in EAJA attorney fees shall constitute a complete release from, and bar to, any and all claims that Plaintiff and Plaintiff’s attorney, Jonathan O. Peña and / or Peña & Bromberg, PLC, may have relating to EAJA attorney fees in connection with this action. This award is without prejudice to the rights of Plaintiff’s attorney and / or Peña & Bromberg, PLC to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. Respectfully submitted,

Dated: December 16, 2020 /s/ Jonathan O. Peña J ONATHAN O. PEÑA Attorney for Plaintiff (*Permission to use electronic signature obtained via email on D ecember 16, 2020).

Dated :December 16, 2020 McGREGOR W. SCOTT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration

By: _*_Carol S. Clark Carol S. Clark Special Assistant U.S. Attorney Attorneys for Defendant

Pursuant to the parties’ stipulation, IT IS SO ORDERED. DATED: December 18, 2020 /S/ DEBORAH BARNES