Sierra v. Commissioner of Social Security

Filing 17

Stipulation for the award and payment of attorney fees and expenses pursuant to the equal access to justice act, 28 U.S.C. 2412(d) and costs pursuant to 28 U.S.C. 1920 and Order Thereon, signed by Magistrate Judge Sandra M. Snyder on 9/2/2014. (Figueroa, O)

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Brian C. Shapiro
Attorney at Law: 192789
Law Offices of Lawrence D. Rohlfing
12631 East Imperial Highway, Suite C-115
Santa Fe Springs, CA 90670
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Alexander Sierra

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ALEXANDER SIERRA,

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Plaintiff,
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vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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Case No.: 1:14-CV-00081-SMS
STIPULATION FOR THE AWARD
AND PAYMENT OF ATTORNEY
FEES AND EXPENSES PURSUANT
TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d)
AND COSTS PURSUANT TO 28
U.S.C. § 1920 AND ORDER
THEREON

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TO THE HONORABLE SANDRA M. SNYDER, 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 Alexander Sierra be
awarded attorney fees and expenses in the amount of ONE THOUSAND FOUR
HUNDRED dollars ($1,400) 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).

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After the Court issues an order for EAJA fees to Alexander Sierra, the

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government will consider the matter of Alexander Sierra's assignment of EAJA

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fees to Brian C. Shapiro. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529

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(2010), the ability to honor the assignment will depend on whether the fees are

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subject to any offset allowed under the United States Department of the Treasury's

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Offset Program. After the order for EAJA fees is entered, the government will

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determine whether they are subject to any offset.

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Fees shall be made payable to Alexander Sierra, but if the Department of
the Treasury determines that Alexander Sierra does not owe a federal debt, then the

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government shall cause the payment of fees, expenses and costs to be made

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directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment

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executed by Alexander Sierra. United States v. $186,416.00, 722 F.3d 1173, 1176

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(9th Cir. 2013) ($186,416.00 II) (ordering fees paid to counsel because of an

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assignment that did not interfere with a raised superior lien).1 Any payments made

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shall be delivered to Brian C. Shapiro.

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The Commissioner does not stipulate to the citation of $186,416.00 II, and will
not participate in representing to this Court that it carries legal import in these
proceedings. $186,416 II involved a different statute and very different factual
circumstances than those presented here, or in other Social Security cases.
Because the parties have agreed to the payment of EAJA fees, and the amount, and
to avoid motion practice solely related to Plaintiff’s citation, the Commissioner
agrees to this stipulation. The Commissioner reserves the right to challenge the
applicability of $186,416 II to any Social Security case, and this Stipulation should
not be construed as a waiver of such reservation.
Alexander Sierra contends that U.S. v. $186,416.00 in U.S. Currency, 642 F.3d
753, 757 (9th Cir. 2011) ($186,416.00 I) held that there is no functional difference
between the CAFRA and EAJA in terms of "ownership" of the fee.
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This stipulation constitutes a compromise settlement of Alexander Sierra's

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request for EAJA attorney fees, and does not constitute an admission of liability on

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the part of Defendant under the EAJA or otherwise. Payment of the agreed amount

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shall constitute a complete release from, and bar to, any and all claims that

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Alexander Sierra and/or Brian C. Shapiro including Law Offices of Lawrence D.

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Rohlfing may have relating to EAJA attorney fees in connection with this action.

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This award is without prejudice to the rights of Brian C. Shapiro and/or the

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Law Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees

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under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

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DATE: August 14, 2014 Respectfully submitted,

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LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Brian C. Shapiro
BY: __________________
Brian C. Shapiro
Attorney for plaintiff Alexander Sierra

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DATED: August 26, 2014
BENJAMIN B. WAGNER
United States Attorney

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/s/ Paul Sachelari
Paul Sachelari
Special Assistant United States Attorney
Attorneys for Defendant Carolyn W. Colvin,
Acting Commissioner of Social Security
(Per e-mail authorization)

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ORDER
IT IS ORDERED that fees and expenses in the amount of $1400 as
authorized by 28 U.S.C. § 2412 be awarded subject to the terms of the Stipulation.

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DATED:

9/2/2014

_ /s/ SANDRA M. SNYDER
UNITED STATES MAGISTRATE JUDGE

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CERTIFICATE OF SERVICE
FOR CASE NUMBER 1:14-CV-00081-SMS
I hereby certify that I electronically filed the foregoing with the Clerk of the

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Court for this court by using the CM/ECF system on September 2, 2014.
I certify that all participants in the case are registered CM/ECF users and
that service will be accomplished by the CM/ECF system, except the plaintiff
served herewith by mail.

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/s/ Brian C. Shapiro
_______________________________
Brian C. Shapiro
Attorneys for Plaintiff