Hernandez v. Commissioner of Social Security

Filing 23

STIPULATION and ORDER for the award and payment of attorney fees and expenses pursuant to the Equal Access to Justice Act signed by Magistrate Judge Sheila K. Oberto on 2/28/2011. (Timken, A)

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Laura E. Krank Attorney at Law: 220208 Law Offices of Rohlfing & Kalagian, LLP 211 East Ocean Boulevard, Suite 420 Long Beach, CA 90802 Tel.: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Plaintiff Christina Hernandez

UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 Plaintiff, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO THE HONORABLE SHEILA K. OBERTO, MAGISTRATE JUDGE OF THE DISTRICT COURT: IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Christina Hernandez be awarded attorney fees and expenses in the amount of TWO THOUSAND FIVE HUNDRED dollars ($2,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). 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. §§ 1920; 2412(d). vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. CHRISTINA HERNANDEZ, ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:09-CV-1805 STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT

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After the Court issues an order for EAJA fees to Christina Hernandez, the government will consider the matter of Christina Hernandez's assignment of EAJA fees to Laura E. Krank. Pursuant to Astrue v. Ratliff, ___ U.S. ___, 2010 WL 2346547 (June 14, 2010), the ability to honor 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 Christina Hernandez, but if the Department of the Treasury determines that Christina Hernandez does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Law Offices of Rohlfing & Kalagian, LLP, pursuant to the assignment executed by Christina Hernandez. Any payments made shall be delivered to Laura E. Krank. This stipulation constitutes a compromise settlement of Christina Hernandez's request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Christina Hernandez and/or Laura E. Krank including Law Offices of Rohlfing & Kalagian, LLP may have relating to EAJA attorney fees in connection with this action. Laura E. Krank reserves the right to contend that any non-payment caused by the collection of a federal debt owed by Christina Hernandez violates 31 C.F.R. § 285.5(e)(5) and Morrison v. C.I.R., 565 F.3d 658, 667 (9th Cir. 2009). Nothing in this stipulation shall be construed as an admission by Laura E. Krank that the Government has the right or authority to offset the fees due and payable pursuant to this stipulation. -2-

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This award is without prejudice to the rights of Laura E. Krank and/or Rohlfing & Kalagian, LLP to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. DATE: February 9, 2011 Respectfully submitted, ROHLFING & KALAGIAN, LLP /s/ Laura E. Krank BY: __________________ Laura E. Krank Attorney for plaintiff Christina Hernandez DATED: February 22, 2011 BENJAMIN B. WAGNER United States Attorney /s/ Daniel P. Talbert Daniel P. Talbert Special Assistant United States Attorney Attorneys for Defendant Michael J. Astrue, Commissioner of Social Security (Per e-mail authorization) ORDER Pursuant to the parties' stipulation, IT IS ORDERED that Plaintiff be awarded attorney fees and expenses in the amount of $2,500.00 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).

IT IS SO ORDERED. Dated:
DEAC_Signature-END:

February 28, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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