(SS) Darnell v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaOctober 24, 20241:24-cv-00683California883 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LANA KAE DARNELL, Case No. 1:24-cv-00683-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) COMMISSIONER OF SOCIAL SECURITY, (Doc. 18) Defendant.

16 17 Pending before the Court is the stipulated request of Plaintiff Lana Kae Darnell (“Plaintiff”) for the award of attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $7,000.00 to counsel for Plaintiff, Francesco Benavides. (Doc. 18). The parties agree that an award of attorney’s fees to counsel for 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, Francesco Benavides. Id. at 2. On October 11, 2024, the Court granted the parties’ stipulated motion…

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