Janie Misak v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaDecember 19, 20251:22-cv-01348California899 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JANIE MISAK, Case No. 1:22-cv-01348-CDB (SS)

Plaintiff, ORDER ON STIPULATION FOR AWARD

OF ATTORNEY FEES PURSUANT TO

v. THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) COMMISSIONER OF SOCIAL SECURITY, (Doc. 27) Defendant.

16 Pending before the Court is the stipulated request of Plaintiff Janie Misak (“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 $7,500.00 to counsel for Plaintiff, Jonathan O. Peña. (Doc. 27). 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, Jonathan O. Peña. Id. at 2. On September 16, 2025, the Court granted Plaintiff’s motion for summary judgment and remanded…

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