Opinions and documents
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-
Not legal advice. These patterns come from public court records, not ratings of judges as people. They may reflect the types of cases a judge handles, local procedures or other factors, and they do not account for the facts of any individual case. Past patterns do not predict future rulings. Records can be incomplete, months behind current activity, or matched to the wrong person; sealed and confidential cases are not included. Use this as one piece of information, never the sole basis for legal strategy or a recusal motion. Full disclaimer: https://judgefinder.io/legal/disclaimer Read the full disclaimer.