(SS) Galvan v. Commissioner of Social Security

Opinion

1 2 3 4 5 6 7 10 11 DARCY MARIE GALVAN, No. 1:23-cv-00169-DAD-SCR 12 Plaintiff, 13 v. ORDER ADOPTING THE PARTIES’ STIPULATION FOR THE AWARD OF 14 COMMISSIONER OF SOCIAL ATTORNEY’S FEES UNDER THE EQUAL SECURITY, ACCESS TO JUSICE ACT 15 Defendant. (Doc. No. 27) 16 17 On February 2, 2023, plaintiff Darcy Marie Galvan filed this action seeking review of a 18 final decision of defendant Commissioner of Social Security. (Doc. No. 1.) On September 30, 19 2024, the matter was remanded to the Commissioner of Social Security for further proceedings 20 pursuant to 42 U.S.C. § 405(g). (Doc. No. 25.) On October 21, 2024, the parties filed a 21 stipulation with the court in which the parties agree that plaintiff shall be awarded attorney’s fees 22 under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of 23 $8,800.00. (Doc. No. 27.) 24 Good cause appearing, and pursuant to the parties’ October 21, 2024 stipulation, the court 25 orders as follows: 26 1. Pursuant to the EAJA, 28 U.S.C. § 2412(d), plaintiff is awarded attorney’s fees in 27 the amount of $8,800.00; 28 ///// 1 2. After the issuance of this order, the government shall consider the assignment of 2 the EAJA attorney’s fees to plaintiff's counsel; 3 a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such 4 assignment will depend on whether the attorney’s fees are subject to any 5 offset allowed under the United States Department of Treasury’s (“the 6 DOT”) Offset Program; 7 b. Fees shall be made payable to plaintiff, but if the DOT determines that 8 plaintiff does not owe a federal debt, then the government shall cause the 9 payment of attorney’s fees to be made directly to plaintiff's counsel, 10 Francesco Benavides; 11 3. Whether the payment of attorney’s fees is made payable to plaintiff or to his 12 counsel, the check shall be mailed to plaintiff's counsel’s mailing address at: 13 Francesco Paulo Benavides Law Offices of Francesco 14 1990 N. California Blvd., 8" Floor 5 Walnut Creek, CA 94596

'T | Dated: _ October 21, 2024 Da A. 2, ye 19 UNITED STATES DISTRICT JUDGE

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