(SS) Gotterson v. Commissioner of Social Security

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRANDON ANTHONY GOTTERSON, No. 1:22-cv-01383-DC-HBK 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 JUSTICE ACT 15 Defendant. (Doc. No. 25) 16 17 On October 26, 2022, Plaintiff Brandon Anthony Gotterson filed this action seeking 18 review of a final decision of Defendant Commissioner of Social Security. (Doc. No. 1.) On 19 October 2, 2024, the matter was remanded to the Commissioner of Social Security for further 20 proceedings pursuant to 42 U.S.C. § 405(g). (Doc. No. 22.) On January 2, 2025, the parties filed a 21 stipulation with the court in which the parties agree that Plaintiff shall be awarded attorney’s fees 22 and expenses under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the 23 amount of $7,297.50.1 (Doc. No. 25.) 24 Good cause appearing, and pursuant to the parties’ January 2, 2025 stipulation, the court 25

1 The court notes the “itemization of time” Plaintiff concurrently filed with the pending 26 stipulation states the total requested amount of attorneys’ fees as $8,031.25. (Doc. No. 25-2 at 1.) 27 However, the parties’ stipulation provides for an award amount of $7,297.50, and the parties’ proposed order likewise states the award amount of $7,297.50. (Doc. No. 25 at 1, 4.) Thus, the 28 court will award the agreed-upon amount of $7,297.50 in attorney’s fees and expenses. 1 | orders as follows: 2 1. Pursuant to the EAJA, 28 U.S.C. § 2412(d), Plaintiff is awarded attorney’s fees 3 and expenses in the amount of $7,297.50; 4 2. After the issuance of this order, the government shall consider the assignment of 5 the EAJA attorney’s fees to Plaintiffs counsel; 6 a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such 7 assignment will depend on whether the attorney’s fees are subject to any 8 offset allowed under the United States Department of Treasury’s (“the 9 DOT”) Offset Program; 10 b. Fees shall be made payable to Plaintiff, but if the DOT determines that 11 Plaintiff does not owe a federal debt, then the government shall cause the 12 payment of attorney’s fees to be made directly to Plaintiffs counsel, 13 Jonathan O. Pefia; 14 3. Whether the payment of attorney’s fees is made payable to Plaintiff or to his 15 counsel, the check will be mailed to Plaintiff's counsel’s mailing address at: 16 Jonathan O. Pefia Pefia & Bromberg, PC 17 3467 W. Shaw Ave. Suite 100 18 Fresno, CA 93711 19 20 IT IS SO ORDERED. □ 22 | Dated: _January 2, 2025 DUC Dena Coggins 23 United States District Judge 24 25 26 27 28