Opinion
1:20-cv-01708-DAD-BAM (SS)
08-19-2021
JACK FRANK FERNANDEZ, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ADOPTING THE PARTIES' STIPULATION FOR THE AWARD OF ATTORNEY'S FEES UNDER THE EQUAL ACCESS TO JUSICE ACT
(Doc. No. 19)
On December 4, 2020, plaintiff Jack Frank Fernandez filed this action seeking review of a final decision of defendant Kilolo Kijakazi, the Acting Commissioner of Social Security. (Doc. No. 1.) On August 10, 2021, the matter was remanded to the Commissioner of Social Security for further proceedings pursuant to 42 U.S.C. § 405(g). (Doc. No. 17.) On August 18, 2021, the parties filed a stipulation with the court in which the parties agree that plaintiff shall be awarded attorney's fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $4, 280.27. (Doc. No. 19.)
Good cause appearing, and pursuant to the parties' August 18, 2021 stipulation, the court orders as follows:
1. Pursuant to the EAJA, 28 U.S.C. § 2412(d), plaintiff is awarded attorney's fees in the amount of $4, 280.27;
2. After the issuance of this order, the government shall consider the assignment of the EAJA attorney's fees to plaintiffs counsel;
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 (“the DOT”) Offset Program;
b. Fees shall be made payable to plaintiff, but if the DOT 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. Peña;
3. Whether the payment of attorney's fees is made payable to plaintiff or to his counsel, the check will be mailed to plaintiffs counsel's mailing address at:
Jonathan O. Peña Peña & Bromberg, PLC 2440 Tulare St., Ste. 320 Fresno, CA 93721
IT IS SO ORDERED.