(SS) Vanleeuwen v. Commissioner of Social Security

E.D. California

(SS) Vanleeuwen v. Commissioner of Social Security

District Court, E.D. California·Decided January 25, 2023·No. 1:21-cv-00963·Unknown

Opinion

KENT HENRY VANLEEUWEN, No. 1:21-cv-00963-ADA-HBK Plaintiff, ORDER GRANTING STIPULATION FOR AN AWARD OF ATTORNEY FEES UNDER v. THE EQUAL ACCESS TO JUSTICE ACT KILOLO KIJAKAZI, Acting (ECF No. 21) Commissioner of Social Security, Defendant. On June 17, 2021, Plaintiff Kent Henry Vanleeuwen filed this action seeking review of a final decision of Defendant Commissioner of Social Security. (ECF No. 1.) On October 24, 2022, the Court adopted the Magistrate Judge’s findings and recommendations that recommended granting Plaintiff’s motion for summary judgment and remanding the matter for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (ECF No. 18.) On January 23, 2023, the parties filed a stipulation that Plaintiff should be awarded attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), in the amount of $4,000.00. (ECF No. 21 at 2.) Accordingly, 1. Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), Plaintiff is awarded attorney’s fees in the amount of $4,000.00; /// 2. After the issuance of this order, the government shall consider the assignment of the Equal Access to Justice Act attorney’s fees to Plaintiff's counsel as follows: a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such assignment will depend on whether the attorney’s fees are subject to any offset allowed under the United States Department of Treasury’s Offset Program; b. Fees shall be made payable to Plaintiff, but if the Department of Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of attorney’s fees to be made directly to Plaintiffs counsel, Jonathan O. Pefia; 3. Whether the payment of attorney’s fees is made payable to Plaintiff or to his counsel, the check will be mailed to Plaintiff's counsel’s mailing address at: Jonathan O. Pefia Pefia & Bromberg, PLC 2440 Tulare St., Ste. 320 Fresno, CA 93721 Ir IS SO ORDERED. Dated: _ January 24, 2023 UNITED fTATES DISTRICT JUDGE

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KENT HENRY VANLEEUWEN, No. 1:21-cv-00963-ADA-HBK Plaintiff, ORDER GRANTING STIPULATION FOR AN AWARD OF ATTORNEY FEES UNDER v. THE EQUAL ACCESS TO JUSTICE ACT KILOLO KIJAKAZI, Acting (ECF No. 21) Commissioner of Social Security, Defendant. On June 17, 2021, Plaintiff Kent Henry Vanleeuwen filed this action seeking review of a final decision of Defendant Commissioner of Social Security. (ECF No. 1.) On October 24, 2022, the Court adopted the Magistrate Judge’s findings and recommendations that recommended granting Plaintiff’s motion for summary judgment and remanding the matter for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (ECF No. 18.) On January 23, 2023, the parties filed a stipulation that Plaintiff should be awarded attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), in the amount of $4,000.00. (ECF No. 21 at 2.) Accordingly, 1. Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), Plaintiff is awarded attorney’s fees in the amount of $4,000.00; /// 2. After the issuance of this order, the government shall consider the assignment of the Equal Access to Justice Act attorney’s fees to Plaintiff's counsel as follows: a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such assignment will depend on whether the attorney’s fees are subject to any offset allowed under the United States Department of Treasury’s Offset Program; b. Fees shall be made payable to Plaintiff, but if the Department of Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of attorney’s fees to be made directly to Plaintiffs counsel, Jonathan O. Pefia; 3. Whether the payment of attorney’s fees is made payable to Plaintiff or to his counsel, the check will be mailed to Plaintiff's counsel’s mailing address at: Jonathan O. Pefia Pefia & Bromberg, PLC 2440 Tulare St., Ste. 320 Fresno, CA 93721 Ir IS SO ORDERED. Dated: _ January 24, 2023 UNITED fTATES DISTRICT JUDGE

(SS) Vanleeuwen v. Commissioner of Social Security, (E.D. Cal. 2023).

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