(SS) Deanda v. Commissioner of Social Security

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Francesco Benavides, CSBN 258924
Law Offices of Francesco Benavides
1990 N. California Blvd. 8 th Floor
Walnut Creek, CA 94596
Tel: (925) 222-7071
Email: francesco@benavidesdisabilitylaw.com
Attorney for Plaintiff
MONA DEANDA
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION
MONA DEANDA,
Plaintiff,
v.
FRANK BISIGNANO,
Commissioner of Social Security,
Defendant.
Case No. 2:25−CV−02120−DJC−CSK
STIPULATION FOR THE AWARD AND
PAYMENT OF ATTORNEY FEES AND
EXPENSES PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT; ORDER
IT IS HEREBY STIPULATED by and between the parties through their
undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded
attorney fees and expenses in the amount of $10,800.45, under the Equal Access to
Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This
amount represents compensation for all legal services rendered on behalf of Plaintiff by
counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d),
1920.
After the Court issues an order for EAJA fees to Plaintiff, the government will
consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue
v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor
Case 2:25-cv-02120-DJC-CSK Document 25 Filed 10/14/26 Page 1 of 4

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the assignment will depend on whether the fees are subject to any offset allowed under
the United States Department of the Treasury’s Offset Program. After the order for
EAJA fees is entered, the government will determine whether they are subject to any
offset.
Fees shall be made payable to Plaintiff, but if the Department of the Treasury
determines that Plaintiff does not owe a federal debt, then the government shall cause
the payment of fees, expenses and costs to be made directly to Plaintiff’s counsel,
Francesco Benavides, pursuant to the assignment executed by Plaintiff.
Payments may be made by electronic funds transfer (EFT) or by check.
This stipulation constitutes a compromise settlement of Plaintiff’s request for
EAJA attorney fees and does not constitute an admission of liability on the part of
Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute
a complete release from, and bar to, any and all claims that Plaintiff and/or Francesco
Benavides, including the Law Offices of Francesco Benavides, may have relating to
EAJA attorney fees in connection with this action.
This award is without prejudice to the rights of Francesco Benavides to seek
Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause
provisions of the EAJA.
Respectfully submitted,
Dated: October 6, 2026 	Law Offices of Francesco Benavides
By: 	/s/ Francesco Benavides
FRANCESCO P. BENAVIDES
Attorney for Plaintiff
Case 2:25-cv-02120-DJC-CSK Document 25 Filed 10/14/26 Page 2 of 4

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Dated: October 6, 2026 	ERIC GRANT
United States Attorney
MATHEW W. PILE, WSBN 32245
Head of Program Litigation 1
Social Security Administration | Law & Policy
By: 	Sathya Oum*
SATHYA OUM
Special Assistant U.S. Attorney
Program Litigation 1
Social Security Administration | Law & Policy
Attorneys for Defendant
(*Permission to use electronic signature
obtained via email on October 6, 2026).
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ORDER
Based upon the parties’ Stipulation for the Award and Payment of Equal Access
to Justice Act Fees and Expenses, IT IS ORDERED that fees and expenses in the
amount of $10,800.45 as authorized by 28 U.S.C. § 2412, and no costs under 28 U.S.C.
§ 1920, be awarded subject to the terms of the Stipulation.
Dated: October 13, 2026 	/s/ Daniel J. Calabretta
THE HONORABLE DANIEL J. CALABRETTA
UNITED STATES DISTRICT JUDGE
Case 2:25-cv-02120-DJC-CSK Document 25 Filed 10/14/26 Page 4 of 4