(SS) Downs v. Commissioner of Social Security

Troy D. Monge, Esq. 1 Law Offices of Troy D. Monge, APC 2 2300 E. Katella Ave, Suite 325 3 ANAHEIM, CALIFORNIA 92806 TELEPHONE (714) 385-8100 4 FACSIMILE (714) 385-8123 5 troymonge@hotmail.com 6 Attorney Bar #217035 7 Attorneys for Kevin Downs 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 KEVIN DOWNS, ) No. 2:24-cv-0772-DB 12 ) 13 Plaintiff, ) JOINT STIPULATION FOR THE ) AWARD AND PAYMENT OF 14 v. ) ATTORNEY FEES PURSUANT TO 15 ) THE EQUAL ACCESS TO MARTIN O’MALLEY, ) JUSTICE ACT, 28 U.S.C. § 2412(d), 16 Commissioner of Social Security, ) AND COSTS PURSUANT TO 28 17 ) U.S.C. § 1920; AND ORDER Defendant. ) 18 ) 19 20 21 IT IS HEREBY STIPULATED by and between the parties through their 22 undersigned counsel, subject to the approval of the Court, that Plaintiff be 23 awarded attorney fees and expenses under the Equal Access To Justice Act 24 (EAJA), 28 U.S.C. § 2412(d), in the amount of EIGHT HUNDRED 25 TWENTY-SEVEN DOLLARS and FORTY-THREE CENTS ($827.43) and 26 costs under 28 U.S.C. § 1920, in the amount of FOUR HUNDRED FIVE 27 DOLLARS AND NO CENTS ($405.00). This amount represents 28 1 compensation for all legal services rendered on behalf of Plaintiff by counsel 2 in connection with this civil action, in accordance with 28 U.S.C § 2412(d) 3 and § 1920. 4 After the Court issues an order for EAJA fees to Plaintiff, the government 5 will consider the matter of Plaintiff’s assignment of EAJA fees to the Law Offices 6 of Troy D. Monge. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the 7 ability to honor the assignment will depend on whether the fees are subject to any 8 offset allowed under the United States Department of the Treasury’s Offset 9 Program. After the order for EAJA fees is entered, the government will determine 10 whether they are subject to offset. 11 Fees shall be made payable to Plaintiff, but if the Department of the 12 Treasury determines that Plaintiff does not owe a federal debt, then the 13 government shall cause the payment of fees, expenses and costs to be made 14 directly to the Law Offices of Troy D. Monge, pursuant to the assignment 15 executed by Plaintiff. Any payments made shall be delivered to Attorney Troy 16 Monge at the Law Office of Troy D. Monge. 17 This stipulation constitutes a compromise settlement of Plaintiff’s request 18 19 for EAJA attorney fees, and does not constitute an admission of liability on the 20 part of Defendant under the EAJA or otherwise. Payment of the agreed amount 21 shall constitute a complete release from, and bar to, any and all claims that 22 Plaintiff and/or Plaintiff’s counsel, including Law Offices of Troy D. Monge, 23 may have relating to EAJA attorney fees in connection with this action. 24 This award is without prejudice to the rights of Plaintiff and/or Counsel to 25 seek Social Security Act attorney fees under 42 U.S.C. section 406(b), subject to 26 the savings clause provisions of the EAJA. 27 I have spoken with Plaintiff, and he has assured me that his net worth is less 28 than two million dollars. (28 U.S.C. §2412(d)(2)(B)(i)). 1 2 Counsel for plaintiff accepts any payment of costs to be made either by 3 electronic fund transfer (EFT) or by check. 4 5 Respectfully submitted, 6 Dated: May 30, 2024 /s/troymonge 7 TROY MONGE 8 Attorney for Plaintiff 9 10 Dated: May 30, 2024 11 PHILLIP A. TALBERT United States Attorney 12 MATHEWW. PILE Associate General Counsel 13 Office of Program Litigation, Office 7 14 /s/justinlmartin 15 JUSTIN L. MARTIN1 Special Assistant United States Attorney 16 * by email authorization on May 29, 2024 17 18 19 20 21 22 23 24 25 26 27 1 Pursuant to Local Rule 5-4.3.4(a)(i), the filer attests that all other signatories 28 listed, and whose behalf the filing is submitted, concur in the filing’s contents and have authorized the filing. 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal 3 Access to Justice Act Fees and Expenses, IT IS ORDERED that fees and 4 expenses in the amount of $827.43, as authorized by 28 U.S.C. § 2412, and 5 $405.00 in costs under 28 U.S.C. § 1920, be awarded subject to the terms of the 6 Stipulation. 7 DATED: June 4, 2024 /s/ DEBORAH BARNES 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