(SS) Maldonado v. Commissioner of Social Security

Opinion

1 2 3 4 5 6 7 10 11 VENESSA RENEE MALDONADO, No. 1:21-cv-01696-DAD-GSA (SS) 12 Plaintiff, 13 v. ORDER ADOPTING THE PARTIES’ STIPULATION FOR THE AWARD OF 14 KILOLO KIJAKAZI, Acting ATTORNEY’S FEES UNDER THE EQUAL Commissioner of Social Security, ACCESS TO JUSTICE ACT 15 Defendant. (Doc. No. 14) 16

17 18 On November 29, 2019, plaintiff Venessa Renee Maldonado filed this action seeking 19 review of a final decision of defendant Kilolo Kijakazi, the Commissioner of Social Security. 20 (Doc. No. 1.) On March 11, 2022, the matter was remanded to the Commissioner of Social 21 Security for further proceedings pursuant to 42 U.S.C. § 405(g). (Doc. No. 11.) On June 9, 2022, 22 the parties filed a stipulation with the court in which the parties agree that plaintiff shall be 23 awarded attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in 24 the amount of $674.37. (Doc. No. 14.) 25 Good cause appearing, and pursuant to the parties’ June 9, 2022 stipulation, the court 26 orders as follows: 27 1. Pursuant to the EAJA, 28 U.S.C. § 2412(d), plaintiff is awarded attorney’s fees in 28 the amount of $674.37; 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 Jonathan O. Pefia; 11 3. Whether the payment of attorney’s fees is made payable to plaintiff or to her 12 counsel, the check will be mailed to plaintiff's counsel’s mailing address at: 13 Jonathan O. Pefia 14 Pefia & Bromberg, PLC 2440 Tulare St., Ste. 320 15 Fresno, CA 93721 16 IT IS SO ORDERED. ame 17 ii A, A So 18 Dated: _ June 10, 2022 went ae UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28