Automated Summary
Key Facts
Plaintiff Candelario Campeon Valdovinos filed an action seeking review of a final decision by the Commissioner of Social Security. On July 25, 2025, the parties stipulated to remand the case for further proceedings. On August 27, 2025, the parties filed a stipulation requesting an order awarding Plaintiff attorney's fees and expenses in the amount of $6,500.00 under the Equal Access to Justice Act. The court adopted the stipulation and ordered the award of $6,500.00 in attorney's fees and expenses pursuant to 28 U.S.C. § 2412(d).
Issues
The court addressed whether to award attorney fees and expenses to the prevailing party under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). The parties filed a stipulation requesting an award of $6,500.00 in attorney fees and expenses. The court, finding good cause, ordered the award of attorney fees and expenses to Plaintiff pursuant to the EAJA and established conditions for assignment and payment of the fees.
Holdings
The court awards Plaintiff Candelario Campeon Valdovinos attorney's fees and expenses in the amount of $6,500.00 pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). The government shall consider assignment of the EAJA fees to Plaintiff's counsel, Francesco P. Benavides. Fees are payable to Plaintiff unless the Department of Treasury's Offset Program determines Plaintiff owes a federal debt, in which case payment goes directly to counsel. The check will be mailed to counsel's address at 1990 N. California Blvd., 8th Floor, Walnut Creek, CA 94596.
Remedies
The court awarded the plaintiff attorney's fees and expenses totaling $6,500.00 pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), based on the parties' stipulation.
Monetary Damages
6500.00
Legal Principles
The court awarded attorney's fees and expenses pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in an amount of $6,500.00. The court considered whether fees were subject to offset under the United States Department of Treasury's Offset Program per Astrue v. Ratliff, 560 U.S. 586 (2010).
Precedent Name
Astrue v. Ratliff
Cited Statute
- Equal Access to Justice Act
- Social Security Review Statute
- Federal Costs Statute
Judge Name
Dena Coggins
Passage Text
- Pursuant to the EAJA, 28 U.S.C. § 2412(d), Plaintiff is awarded attorney's fees and expenses in the amount of $6,500.00
- Francesco P. Benavides Law Offices of Francesco Benavides 1990 N. California Blvd., 8th Floor Walnut Creek, CA 94596
- After the issuance of this order, the government shall consider the assignment of the EAJA attorney's fees to Plaintiff's counsel; Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such assignment will depend on whether the attorney's fees are subject to any offset allowed under the United States Department of Treasury's Offset Program