(SS) Slate v. Commissioner of Social Security

Opinion

1 Francesco Benavides, CSBN 258924 Law Offices of Francesco Benavides 2 1990 N. California Blvd. Suite 20 Walnut Creek, CA 94596 3 Tel: (925) 222-7071 Fax: (925) 522-5306 4 Email: francesco@benavidesdisabilitylaw.com

5 Attorney for Plaintiff

7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 10 MISTY DAWN SLATE, Case No. 1:23-cv-00092-SKO 11 Plaintiff, STIPULATION AND UNOPPOSED MOTION 12 FOR AWARD AND PAYMENT OF 13 v. ATTORNEYS FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (28 U.S.C. 14 MARTIN J. O’MALLEY, Commissioner §2412(d)) of Social Security, 15 (Doc. 19) 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 $7,478.72, under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 20 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of 21 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d), 22 1920. 23 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 24 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 25 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 26 whether the fees are subject to any offset allowed under the United States Department of the 27 1 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 2 whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 4 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 5 and costs to be made directly to Plaintiff’s counsel, Francesco Benavides, pursuant to the assignment 6 executed by Plaintiff. 7 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 8 fees and does not constitute an admission of liability on the part of Defendant under the EAJA or 9 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 10 and all claims that Plaintiff and/or Francesco Benavides, including the Law Offices of Francesco 11 Benavides, may have relating to EAJA attorney fees in connection with this action. 12 This award is without prejudice to the rights of Francesco Benavides to seek Social Security 13 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 14 15 Respectfully submitted, 16 Dated: March 19, 2024 Law Offices of Francesco Benavides 17 By: /s/ Francesco Benavides Attorney for Plaintiff 19

21 Dated: March 19, 2024 PHILLIP A. TALBERT United States Attorney 22 MATHEW W. PILE Associate General Counsel 23 Social Security Administration 24 By: Una McGeehan* Special Assistant U.S. Attorney 26 Attorneys for Defendant 27 (*Permission to use electronic signature obtained via email on March 19, 2024).

2 Based upon the parties’ Stipulation (Doc. 19), IT IS ORDERED that pursuant to the Equal 3 Access to Justice Act, 28 U.S.C. §2412(d), attorney fees and expenses in the amount of $7,478.72, be 4 awarded subject to the terms of the Stipulation. 5

6 IT IS SO ORDERED. 7 Dated: March 20, 2024 /s/ Sheila K. Oberto . 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27