(SS) Gonzales v. Commissioner of Social Security
This text of (SS) Gonzales v. Commissioner of Social Security ((SS) Gonzales v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 BRITTANY M. GONZALES, No. 1:24-CV-00440 (GSA) 7 Plaintiff, 8 v. STIPULATION AND ORDER FOR 9 AWARD AND PAYMENT OF MARTIN O’MALLEY, ATTORNEYS FEES PURSUANT TO THE 10 COMMISSIONER OF EQUAL ACCESS TO JUSTICE ACT SOCIAL SECURITY, 11 Defendant. 12
16 17 18 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 19 attorneys, subject to the approval of the Court, that Brittany M. Gonzales (Plaintiff) be awarded 20 attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412 (d), in the amount 21 of eight thousand two hundred and ninety-two dollars and sixty-two cents ($8,292.62). This 22 represents compensation for legal services rendered on behalf of Plaintiff by counsel in 23 connection with this civil action, in accordance with 28 U.S.C. §2412 (d). 24 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 25 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 26 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 27 attorney fees are subject to any offset allowed under the United States Department of the 28 1 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 2 determine whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 4 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 5 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 6 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 7 made shall be delivered to Plaintiff’s counsel via electronic transfer. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 9 attorney fees and costs and does not constitute an admission of liability on the part of Defendant 10 under EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, 11 any and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney 12 fees and expenses in connection with this action. 13 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 14 Act attorney fees under 42 U.S.C. §406(b), subject to the provisions of the EAJA.
15 Respectfully submitted, 16 Dated: October 18, 2024 NEWEL LAW 17
18 By: Melissa Newel 19 Melissa Newel Attorney for Plaintiff 20 BRITTANY M. GONZALES
21 Dated: October 18, 2024 PHILLIP A. TALBERT 22 United States Attorney MATHEW W. PILE 23 Associate General Counsel Office of Program Litigation, Office 7 24 Social Security Administration
25 By: Erin A. Jurrens* 26 ERIN A. JURRENS (*Authorized by email dated 10/15/2024 27 Special Assistant U.S. Attorney Attorneys for Defendant 28 1
2 ORDER
3 IT IS HEREBY ORDERED that, pursuant to 28 U.S.C. §2412, attorney fees in the 4 amount of eight thousand two hundred and ninety-two dollars and sixty-two cents ($8,292.62) be 5 awarded subject to the terms of the Stipulation. 6 7 8 IT IS SO ORDERED.
9 Dated: October 26, 2024 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 10
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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