Cabrera v. Bisignano

ORDER 	Page 1 	[3:24-cv-00225-KSC]
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ANGEL C.,
Plaintiff,
vs.
FRANK BISIGNANO,1
Acting Commissioner of Social Security,
Defendant.
Case No. 3:25-cv-01797-KSC
ORDER GRANTING JOINT MOTION
FOR AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS
TO JUSTICE ACT
[DOC. NO. 15]
The parties have filed a Joint Motion for Award of Attorney Fees Pursuant to
the Equal Access to Justice Act (“Joint Motion”). Dkt. No. 15. The Joint Motion is
GRANTED and plaintiff is awarded $5,000.00 in attorney’s fees and $405.00 in
costs.
1 Frank Bisignano became the Commissioner of Social Security in May 2025.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Frank Bisignano
should be substituted for Leland Dudek as the defendant in this suit. No further
action need be taken to continue this suit by reason of the last sentence of section
205(g) of the Social Security Act, 42 U.S.C. § 405(g).
Case 3:25-cv-01797-RBM-KSC Document 16 Filed 01/29/26 PageID.<pageID>
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ORDER 	Page 2 	[3:24-cv-00225-KSC]
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Under Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees belong
to plaintiff and are subject to offset under the Treasury Offset Program, 31 U.S.C. §
3716(c)(3)(B). If, after receiving the Court’s EAJA fee Order, the Commissioner
determines plaintiff has assigned the right to EAJA fees to counsel and plaintiff does
not owe a debt that is subject to offset under the Treasury Offset Program, then EAJA
fees may be made payable to plaintiff’s counsel, Martha Yancey, by either electronic
funds transfer or check. If plaintiff owes a debt under the Treasury Offset Program,
any remaining EAJA fees after offset will be made by check payable to Plaintiff.
Payment of the agreed amount shall constitute a complete release from, and
bar to, any and all claims that Plaintiff and/or Martha Yancey, including her firm,
Yancey Law, PC, may have relating to EAJA attorney fees in connection with this
action. This award is without prejudice to the rights of Martha Yancey or Yancey
Law, PC to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject
to the savings clause provisions of the EAJA.
IT IS SO ORDERED.
Dated: January 29, 2026
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