(SS) Guillen Manriquez v. Commissioner of Social Security

1 Francesco Benavides, CSBN 258924 Law Offices of Francesco Benavides 2 1990 N. California Blvd. 8th Floor Walnut Creek, CA 94596 3 Tel: (925) 222-7071 4 Email: francesco@benavidesdisabilitylaw.com 5 Attorney for Plaintiff 6 ALBERTO GUILLEN MANRIQUEZ 7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 ALBERTO GUILLEN Case No. 2:25-cv-02599-AC 12 MANRIQUEZ, 13 STIPULATION FOR THE AWARD AND Plaintiff, PAYMENT OF ATTORNEY FEES AND 14 EXPENSES PURSUANT TO THE 15 v. EQUAL ACCESS TO JUSTICE ACT; [PROPOSED] ORDER 16 FRANK BISIGNANO, 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 awarded 21 attorney fees and expenses in the amount of $8,200.00, under the Equal Access to 22 Justice Act (EAJA), 28 U.S.C. § 2412(d), and $405.00 in costs under 28 U.S.C. § 1920. 23 This amount represents compensation for all legal services rendered on behalf of 24 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. 25 §§ 2412(d), 1920. 26 27 1 The parties stipulate that the position of the United States was not substantially 2 justified in this case, and therefore, Plaintiff is entitled to attorney fees pursuant to 3 EAJA. 4 After the Court issues an order for EAJA fees to Plaintiff, the government will 5 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 6 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 7 to honor the assignment will depend on whether the fees are subject to any offset 8 allowed under the United States Department of the Treasury’s Offset Program. After 9 the order for EAJA fees is entered, the government will determine whether they are 10 subject to any offset. 11 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 12 determines that Plaintiff does not owe a federal debt, then the government shall cause 13 the payment of fees, expenses and costs to be made directly to Plaintiff’s counsel, 14 Francesco Benavides, pursuant to the assignment executed by Plaintiff. 15 Payments may be made by electronic funds transfer (EFT) or by check. 16 This stipulation constitutes a compromise settlement of Plaintiff’s request for 17 EAJA attorney fees and does not constitute an admission of liability on the part of 18 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 19 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 20 Francesco Benavides, including the Law Offices of Francesco Benavides, may have 21 relating to EAJA attorney fees in connection with this action. 22 This award is without prejudice to the rights of Francesco Benavides to seek 23 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings 24 clause provisions of the EAJA. 25 26 27 1 Respectfully submitted, 2 Dated: March 18, 2026 Law Offices of Francesco Benavides 3 4 By: /s/ Francesco Benavides FRANCESCO P. BENAVIDES 5 Attorney for Plaintiff 6 7 Dated: March 18, 2026 ERIC GRANT 8 United States Attorney MATHEW W. PILE 9 Head of Program Litigation 1 10 Social Security Administration 11 By: Marcelo Illarmo* 12 MARCELO ILLARMO Special Assistant U.S. Attorney 13 Attorneys for Defendant 14 (*Permission to use electronic signature obtained via email on March 18, 2026). 15 16 17 18 19 20 21 22 23 24 25 26 27 1 [PROPOSED] ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act Fees and Expenses, IT IS ORDERED that fees and expenses in the 5 | amount of $8,200.00 as authorized by 28 U.S.C. § 2412, and $405.00 in costs under 28 6 || U.S.C. § 1920, be awarded subject to the terms of the Stipulation. 7 8 ° DATE: March 18, 2026 “ 11 ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-