Gipson v. Commissioner of Social Security

Filing 21

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; ORDER signed by Magistrate Judge Erica P. Grosjean on 1/4/2016. (Martinez, A)

Young Cho
Attorney at Law: 189870
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
John L. Gipson

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JOHN L. GIPSON,
Plaintiff,
vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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Case No.: 1:14-cv-01709-EPG
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; ORDER

TO THE HONORABLE ERICA P. GROSJEAN, MAGISTRATE JUDGE
OF THE UNITED STATES DISTRICT COURT:
IT IS HEREBY STIPULATED by and between the parties through their
undersigned counsel, subject to the approval of the Court, that John L. Gipson be
awarded attorney fees and expenses in the amount of four thousand one hundred
dollars ($4,100.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. §

2412(d), and costs in the amount of four hundred dollars ($400.00) 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. §§ 1920; 2412(d).
After the Court issues an order for EAJA fees to John L. Gipson, the
government will consider the matter of John L. Gipson's assignment of EAJA fees
to Young Cho. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (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 John L. Gipson, but if the Department of the
Treasury determines that John L. Gipson 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 Lawrence D. Rohlfing, pursuant to the assignment
executed by John L. Gipson. United States v. $186,416.00, 722 F.3d 1173, 1176
(9th Cir. 2013) ($186,416.00 II) (ordering fees paid to counsel because of an
assignment that did not interfere with a raised superior lien).1 Any payments made
shall be delivered to Young Cho.
1

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.

This stipulation constitutes a compromise settlement of John L. Gipson'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 John L.
Gipson and/or Young Cho including Law Offices of Lawrence D. Rohlfing may
have relating to EAJA attorney fees in connection with this action.
This award is without prejudice to the rights of Young Cho and/or the Law
Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under
42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
DATE: December 28, 2015

Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING
/s/ Young Cho
BY: __________________
Young Cho
Attorney for plaintiff John L. Gipson

DATE: December 28, 2015

BENJAMIN B. WAGNER
United States Attorney
/s/ Theophous H. Reagans
Theophous H. Reagans
Special Assistant United States Attorney
Attorneys for Defendant Carolyn W. Colvin,
Acting Commissioner of Social Security
(Per e-mail authorization)

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John Gipson 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.

ORDER
Pursuant to the above stipulation between the parties, the Plaintiff shall be
awarded attorney fees and expenses in the amount of four thousand one hundred
dollars ($4,100.00) under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) and
costs in the amount of four hundred dollars ($400.00) under 28 U.S.C. § 1920. This
award is subject to the terms of the above-referenced stipulation and payments
shall be made pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), as
outlined above.
IT IS SO ORDERED.
Dated:

January 4, 2016

/s/
UNITED STATES MAGISTRATE JUDGE