Cabrera v. Bisignano

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ANGEL C., Case No. 3:25-cv-01797-KSC 12 Plaintiff, 13 ORDER GRANTING JOINT MOTION vs. FOR AWARD OF ATTORNEY FEES 14 PURSUANT TO THE EQUAL ACCESS 15 FRANK BISIGNANO,1 TO JUSTICE ACT Acting Commissioner of Social Security, 16 [DOC. NO. 15] 17 Defendant. 18 19 The parties have filed a Joint Motion for Award of Attorney Fees Pursuant to 20 the Equal Access to Justice Act (“Joint Motion”). Dkt. No. 15. The Joint Motion is 21 GRANTED and plaintiff is awarded $5,000.00 in attorney’s fees and $405.00 in 22 costs. 23 24 1 Frank Bisignano became the Commissioner of Social Security in May 2025. 25 Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Frank Bisignano 26 should be substituted for Leland Dudek as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 27 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 1 Under Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees belong 2 || to plaintiff and are subject to offset under the Treasury Offset Program, 31 U.S.C. § 3 || 3716(c)(3)(B). If, after receiving the Court’s EAJA fee Order, the Commissioner 4 || determines plaintiff has assigned the right to EAJA fees to counsel and plaintiff does 5 || not owe a debt that is subject to offset under the Treasury Offset Program, then EAJA 6 || fees may be made payable to plaintiff's counsel, Martha Yancey, by either electronic 7 || funds transfer or check. If plaintiff owes a debt under the Treasury Offset Program, g || any remaining EAJA fees after offset will be made by check payable to Plaintiff. 9 Payment of the agreed amount shall constitute a complete release from, and 10 || bar to, any and all claims that Plaintiff and/or Martha Yancey, including her firm, 11 || Yancey Law, PC, may have relating to EAJA attorney fees in connection with this 12 || action. This award is without prejudice to the rights of Martha Yancey or Yancey 13 || Law, PC to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject 14 || to the savings clause provisions of the EAJA. 15 IT IS SO ORDERED. 16 || Dated: January 29, 2026 AA i Wi. ™) 17 Vi 2 —= Hori. Karen S. Crawford 18 United States Magistrate Judge 19 20 21 22 23 24 25 26 27 ORDER Page 2 [3:24-cv-00225-KSC]