(SS) Gerst v. Commissioner of Social Security

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 4 Fax: (925) 522-5306 Email: francesco@benavidesdisabilitylaw.com 5 6 Attorney for Plaintiff SHELBY MARIE GERST 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 12 SHELBY MARIE GERST, Case No. 2:24-cv-00216-CSK 13 Plaintiff, STIPULATION FOR THE AWARD 14 AND PAYMENT OF ATTORNEY FEES 15 v. AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT; 16 MARTIN J. O’MALLEY, ORDER 17 Commissioner of Social Security, 18 Defendant. 19 IT IS HEREBY STIPULATED by and between the parties through their 20 undersigned counsel, subject to the approval of the Court, that Plaintiff be 21 awarded attorney fees and expenses in the amount of $1,540.94, under the 22 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and $405.00 in costs 23 under 28 U.S.C. § 1920. This amount represents compensation for all legal 24 services rendered on behalf of Plaintiff by counsel in connection with this civil 25 action, in accordance with 28 U.S.C. §§ 2412(d), 1920. 26 After the Court issues an order for EAJA fees to Plaintiff, the government 27 will consider the matter of Plaintiff’s assignment of EAJA fees to counsel. 1 Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 2 91 (2010), the ability to honor the assignment will depend on whether the fees 3 are subject to any offset allowed under the United States Department of the 4 Treasury’s Offset Program. After the order for EAJA fees is entered, the 5 government will determine whether they are subject to any offset. 6 Fees shall be made payable to Plaintiff, but if the Department of the 7 Treasury determines that Plaintiff does not owe a federal debt, then the 8 government shall cause the payment of fees, expenses and costs to be made 9 directly to Plaintiff’s counsel, Francesco Benavides, pursuant to the 10 assignment executed by Plaintiff. 11 This stipulation constitutes a compromise settlement of Plaintiff’s 12 request for EAJA attorney fees and does not constitute an admission of 13 liability on the part of Defendant under the EAJA or otherwise. Payment of the 14 agreed amount shall constitute a complete release from, and bar to, any and 15 all claims that Plaintiff and/or Francesco Benavides, including the Law Offices 16 of Francesco Benavides, may have relating to EAJA attorney fees in 17 connection with this action. 18 This award is without prejudice to the rights of Francesco Benavides to 19 seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to 20 the savings clause provisions of the EAJA. 21 22 Respectfully submitted, 23 24 Dated: March 29, 2024 Law Offices of Francesco Benavides 25 By: /s/ Francesco Benavides 26 FRANCESCO P. BENAVIDES 27 Attorney for Plaintiff 4 || Dated: March 29, 2024 PHILLIP A. TALBERT United States Attorney 2 MATHEW W. PILE 3 Associate General Counsel Social Security Administration 4 5 By: Christopher Vieira* CHRISTOPHER VIEIRA 6 Special Assistant U.S. Attorney 7 Attorneys for Defendant (“Permission to use electronic signature 8 obtained via email on March 29, 2024). 9 10 14 ORDER 12 Based upon the parties’ Stipulation for the Award and Payment of Equal 13 Access to Justice Act Fees and Expenses, IT IS ORDERED that fees and 14 45, || expenses in the amount of $1,540.94 as authorized by 28 U.S.C. § 2412, and 16 || $405.00 in costs under 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation. 18 19 20 || Dated: April 9, 2024 -_ Cc . 22 CHI SOO KIM UNITED STATES MAGISTRATE JUDGE 23 24 3.gers.216 25 26 27 28 -3-