(SS) Escalona v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaJuly 2, 20241:24-cv-00049California933 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOVENCIO ESCALONA, Case No. 1:24-cv-00049-CDB (SS)

Plaintiff, ORDER ON STIPULATION FOR AWARD

OF ATTORNEY FEES AND EXPENSES

v. PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) AND 28 COMMISSIONER OF SOCIAL SECURITY, U.S.C. § 1920

Defendant. (Doc. 19)

16 17 Pending before the Court is the parties’ stipulation for award of attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). (Doc. 19). The parties agree to an award of attorney’s fees to counsel for Plaintiff Jovencio Escalona (“Plaintiff”), should be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe a federal debt, then the Commissioner shall cause the payment of fees, expenses, and costs to be made directly to Plaintiff’s counsel, Francisco Benavides. Id. at 2. Plaintiff’s stipulated motion requests $8,500.00 in fees and expenses pursuant to the EAJA, 28 U.S.C. § 2412(d). Id. at 1. …

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