(SS) Romo v. Commissioner of Social Security

Opinion

Jonathan O. Peña, Esq. CA Bar ID No.: 278044 Peña & Bromberg, PLC 3467 W. Shaw Ave., Ste 100 Fresno, CA 93711 Telephone: 559-439-9700 Facsimile: 559-439-9723 Email: info@jonathanpena.com Attorney for Plaintiff, Johanna Isabel Romo

FRESNO DIVISION Johanna Isabel Romo, Case No. 1:24-cv-00455-JLT-GSA

Plaintiff, STIPULATION FOR THE AWARD v. FEES AND EXPENSES PURSUANT Carolyn Colvin1, COMMISIONER JUSTICE ACT; ORDER OF SOCIAL SECURITY, Defendant. IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount of SEVEN THOUSAND FIVE-HUNDRED 00/100 ($7,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of ZERO dollars ($0.00) under 28 U.S.C. §1920. This amount 1 Carolyn Colvin became the Commissioner of Social Security on November 30, 2024. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn Colvin should be substituted for Martin O’Malley 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, 42 U.S.C. § 405(g). represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d). Plaintiff was the prevailing party in this matter and Plaintiff is an individual whose net worth does not exceed $2,000,000 at the time the civil action was filed. After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine whether they are subject to any offset. Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Jonathan O. Peña, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Jonathan O. Peña and may be paid by a check or electronic fund transfer (ETF).This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or Jonathan O. Peña, including Peña & Bromberg, PLC, may have relating to EAJA attorney fees in connection with this action. The parties further agree that the EAJA award is without prejudice to the right of Plaintiff’s attorney to seek attorney fees pursuant to Social Security Act § 206(b), 42 U.S.C. § 406(b), subject to the offset provisions of the EAJA. See 28 U.S.C. § 2412(c)(1) (2006). Respectfully submitted,

Dated: December 18, 2024 /s/ Jonathan O. Peña J ONATHAN O. PEÑA Attorney for Plaintiff

Dated: December 18, 2024 PHILLIP A. TALBERT United States Attorney MATHEW W. PILE Associate General Counsel Office of Program Litigation Social Security Administration By: _*_Mary Tsai Mary Tsai Special Assistant U.S. Attorney Attorneys for Defendant (*Permission to use electronic signature obtained via email on December 18, 2024). ORDER Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act Fees and Expenses (the “Stipulation”), IT IS ORDERED that fees and expenses in the amount of SEVEN THOUSAND FIVE-HUNDRED 00/100 ($7,500.00) as authorized by the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), be awarded subject to the terms of the Stipulation.

IT IS SO ORDERED.

Dated: December 18, 2024 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE