(SS) Jimenez v. Commissioner of Social Security

Opinion

1 Jonathan O. Peña, Esq. 2 CA Bar ID No.: 278044 Peña & Bromberg, PLC 3 3467 W. Shaw Ave., Ste 100 Fresno, CA 93711 4 Telephone: 559-439-9700 Facsimile: 559-439-9723 5 Email: info@jonathanpena.com 6 Attorney for Plaintiff, Kimberly Margaret Jimenez

7 8 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 FRESNO DIVISION 10 KIMBERLY MARGARET JIMENEZ, Case No. 1:24-cv-00682-SKO

11 Plaintiff, STIPULATION AND UNOPPOSED MOTION FOR THE AWARD AND PAYMENT OF 12 v. ATTORNEY FEES AND EXPENSES 13 PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT; ORDER 14 LELAND DUDEK1, Acting Commissioner of Social Security, (Doc. 25) 15

Defendant. 16 17 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 18 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount 19 of FIVE THOUSAND SEVEN HUNDRED AND 00/100 ($5,700.00) under the Equal Access to 20 Justice Act (EAJA), 28 U.S.C. § 241o(d), and costs in the amount of ZERO dollars ($0.00) under 28 21 U.S.C. §1920. This amount represents compensation for all legal services rendered on behalf of 22 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 23 2412(d). 24 25

26 1 Leland Dudek became the Acting Commissioner of Social Security on February 16, 2025. Pursuant to Rule 25(d) of the 27 Federal Rules of Civil Procedure, Leland Dudek should be substituted for Michelle King as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 1 Plaintiff was the prevailing party in this matter and Plaintiff is an individual whose net worth 2 does not exceed $2,000,000 at the time the civil action was filed. 3 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 4 matter of Plaintiff’s assignment of EAJA fees to JONATHAN O. PEÑA-MANCINAS. Pursuant to 5 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the 6 assignment will depend on whether the fees are subject to any offset allowed under the United States 7 Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 8 government will determine whether they are subject to any offset. 9 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 10 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 11 and costs to be made directly to JONATHAN O. PEÑA-MANCINAS, pursuant to the assignment 12 executed by Plaintiff. Any payments may be paid by a check or electronic fund transfer (EFT) but 13 delivered to Plaintiff’s attorney, JONATHAN O. PEÑA-MANCINAS at the firm, PEÑA & 14 BROMBERG, PC. 15 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 16 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 17 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and 18 all claims that Plaintiff and/or JONATHAN O. PEÑA-MANCINAS, including PEÑA & 19 BROMBERG, PC, may have relating to EAJA attorney fees in connection with this action. 20 The parties further agree that the EAJA award is without prejudice to the right of JONATHAN 21 O. PEÑA-MANCINAS to seek attorney fees pursuant to Social Security Act § 206(b), 42 U.S.C. § 22 406(b), subject to the savings clause provisions of the EAJA. See 28 U.S.C. § 2412(c)(1) (2006). 23 Respectfully submitted,

25 Dated: March 24, 2025 /s/ Jonathan O. Peña J ONATHAN O. PEÑA 26 Attorney for Plaintiff 27 Dated: March 24, 2025 PHILLIP A. TALBERT 1 United States Attorney MATHEW W. PILE 2 Associate General Counsel Office of Program Litigation 3 Social Security Administration

4 By: _*_Mary Tsai Mary Tsai 5 Special Assistant U.S. Attorney 6 Attorneys for Defendant (*Permission to use electronic signature 7 obtained via email on March 24, 2025). 8

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 ORDER 2 Based upon the parties’ Stipulation and Unopposed Motion for the Award and Payment of 3 Equal Access to Justice Act Fees and Expenses (the “Stipulation”) (Doc. 25), 4 IT IS ORDERED that fees and expenses in the amount of FIVE THOUSAND SEVEN 5 HUNDRED AND 00/100 ($5,700) as authorized by the Equal Access to Justice Act (EAJA), 28 6 U.S.C. § 2412(d), be awarded subject to the terms of the Stipulation. 7 IT IS SO ORDERED. 8

9 Dated: March 25, 2025 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 10

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