(SS) Williams v. Commissioner of Social Security

• Court: District Court, E.D. California
• Decided: February 11, 2025
• Docket: 2:24-cv-02585
• Status: Unknown

Opinion

MICHELE BECKWITH 1 Acting United States Attorney MATHEW W. PILE 2 Associate General Counsel 3 Office of Program Litigation, Office 7 Office of the General Counsel 4 Social Security Administration 5 MARGARET BRANICK-ABILLA Special Assistant United States Attorney 6 6401 Security Boulevard Baltimore, MD 21235 7 Telephone: (510) 570-4809 8 Email: Margaret.Branick-Abilla@ssa.gov Attorneys for Defendant 9

10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 11

12 JASON TIMOTHY WILLIAMS, ) Case No. 2:24-cv-02585-AC ) 13 Plaintiff, ) STIPULATION FOR THE AWARD AND 14 ) PAYMENT OF ATTORNEY FEES vs. ) PURSUANT TO THE EQUAL ACCESS 15 ) TO JUSTICE ACT , 28 U.S.C. § 2412(d); COMMISSIONER OF SOCIAL SECURITY, ) [PROPOSED] ORDER 16 ) 17 Defendant. ) ) 18 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 19 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the amount 20 of SEVEN THOUSAND, FIVE HUNDRED DOLLARS AND ZERO CENTS ($7,500.00) under 21 the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents 22 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with 23 this civil action, in accordance with 28 U.S.C. § 2412(d). 24 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 25 matter of Plaintiff’s assignment of EAJA fees to counsel Francesco Benavides (Counsel). 26 Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will 27 depend on whether the fees are subject to any offset allowed under the United States Department 28 1 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 2 determine whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 4 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees and 5 costs to be made directly to Counsel pursuant to the assignment executed by Plaintiff. Any 6 payments made shall be delivered to Counsel. 7 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 8 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 9 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 10 bar to, any and all claims that Plaintiff and/or Counsel, including Counsel’s law office and any 11 associates, may have relating to EAJA attorney fees in connection with this action. 12 This award is without prejudice to the rights of Counsel to seek Social Security Act 13 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 14 Respectfully submitted,

15 Dated: February 7, 2025 LAW OFFICES OF FRANCESCO BENAVIDES 16 By: /s/ Francesco Benavides* 17 FRANCESCO BENAVIDES Attorneys for Plaintiff 18 [*As authorized by e-mail on Feb. 7, 2025] 19

20 Dated: February 11, 2025 MICHELE BECKWITH Acting United States Attorney 21

22 By: /s/ Margaret Branick-Abilla ___ MARGARET BRANICK-ABILLA 23 Special Assistant United States Attorney 24 Attorneys for Defendant

26 27 28 [PROPOSED] ORDER 2 || Pursuant to stipulation, IT IS SO ORDERED. 3 4 Dated: February 11, 2025 ~ 5 Attn —lChore ALLISON CLAIRE 6 UNITED STATES MAGISTRATE JUDGE ; 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Stipulation; [Proposed] Order 9IA_cy_NISR5_AC