(SS) Gallegos v. Commissioner of Social Security

Opinion

Acting United States Attorney Associate General Counsel Office of Program Litigation, Office 7 JULIE A.K. CUMMINGS (HI, 10635) Special Assistant United States Attorney Office of Program Litigation, Office 7 Office of the General Counsel Social Security Administration 6401 Security Boulevard Baltimore, MD 21235 410-966-1551 julie.cummings@ssa.gov Attorneys for Defendant

UNITED STATES DISTRICT COURT SACRAMENTO DIVISION

MARIA GALLEGOS , Civil No. 2:24-cv-02384-AC

Plaintiff, STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND vs. EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § COMMISSIONER OF SOCIAL SECURITY, 2412(d), AND COSTS PURSUANT TO 28 U.S.C. § 1920; [PROPOSED]ORDER Defendant.

IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the amount $6720.34 (SIX THOUSAND, SEVEN HUNDRED TWENTY dollars and THIRTY- FOUR cents) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. 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. §§ 1920; 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, if any. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor any 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, expenses and costs to be made directly to counsel, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to counsel. 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 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating to EAJA attorney fees or costs in connection with this action. This award is without prejudice to the rights of counsel and/or counsel’s firm 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, Date: February 21, 2025 Law Offices of Francesco Benavides

By: /s/ Francesco Paulo Benavides FRANCESCO PAULO BENAVIDES (as authorized by email) Attorney for Plaintiff

Date: February 21, 2025 MICHELE BECKWITH Acting United States Attorney Associate General Counsel Office of Program Litigation, Office 7 Social Security Administration By: /s/Julie ALK. Cummings JULIE A.K. CUMMINGS Special Assistant United States Attorney Office of Program Litigation, Office 7 Social Security Administration Attorney for Defendant ORDER Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act Fees, Costs, and Expenses, IT IS ORDERED that fees in the amount of $6720.34 as authorized by 28 U.S.C. § 2412, and no costs, be awarded subject to the terms of the Stipulation. DATED: February 21, 2025 ~ Athen Lape ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE

EAJA Stip. Page 3 Case No. 2:24-cv-02384-AC