(SS) Mitchell 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 LEONARD JESSE MITCHELL 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 SACRAMENTO DIVISION 11 LEONARD JESSE MITCHELL, Case No. 2:25-cv-02732-WBS-CSK 12 13 Plaintiff, STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND 14 v. EXPENSES PURSUANT TO THE 15 EQUAL ACCESS TO JUSTICE ACT; FRANK BISIGNANO, ORDER 16 Commissioner of Social Security, 17 Defendant. 18 IT IS HEREBY STIPULATED by and between the parties through their 19 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 20 attorney fees and expenses in the amount of $8,600.00, under the Equal Access to 21 Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This 22 amount represents compensation for all legal services rendered on behalf of Plaintiff by 23 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d), 24 25 1920. 26 The parties stipulate that the position of the United States was not substantially 27 justified in this case, and therefore, Plaintiff is entitled to attorney fees pursuant to 1 After the Court issues an order for EAJA fees to Plaintiff, the government will 2 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 3 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 4 to honor the assignment will depend on whether the fees are subject to any offset 5 allowed under the United States Department of the Treasury’s Offset Program. After 6 the order for EAJA fees is entered, the government will determine whether they are 7 subject to any offset. 8 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 9 determines that Plaintiff does not owe a federal debt, then the government shall cause 10 the payment of fees, expenses and costs to be made directly to Plaintiff’s counsel, 11 Francesco Benavides, pursuant to the assignment executed by Plaintiff. 12 Payments may be made by electronic funds transfer (EFT) or by check. 13 This stipulation constitutes a compromise settlement of Plaintiff’s request for 14 EAJA attorney fees and does not constitute an admission of liability on the part of 15 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 16 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 17 Francesco Benavides, including the Law Offices of Francesco Benavides, may have 18 relating to EAJA attorney fees in connection with this action. 19 This award is without prejudice to the rights of Francesco Benavides to seek 20 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings 21 clause provisions of the EAJA. 22 23 Respectfully submitted, 24 25 Dated: March 30, 2026 Law Offices of Francesco Benavides 26 By: /s/ Francesco Benavides 27 FRANCESCO P. BENAVIDES Attorney for Plaintiff 1 2 Dated: March 30, 2026 ERIC GRANT United States Attorney 3 MATHEW W. PILE 4 Head of Program Litigation 1 Social Security Administration 5 6 By: Margaret Branick-Abilla* MARGARET BRANICK-ABILLA 7 Special Assistant U.S. Attorney 8 Attorneys for Defendant 9 (*Permission to use electronic signature obtained via email on March 30, 2026). 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 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 $8,600.00 as authorized by 28 U.S.C. § 2412, and no costs under 28 U.S.C. 6 || § 1920, be awarded subject to the terms of the Stipulation. Dated: April 9, 2026 dh ble ak jd..bt-— WILLIAM B. SHUBB 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-