Russell v. Commissioner of Social Security

Filing 30

STIPULATION and ORDER 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: that fees and expenses in the total amount of four thousand nine hundred dollars ($4,900.00), as authorized by 28 U.S.C. §2412, be awarded subject to the terms of the Stipulation. signed by Magistrate Judge Barbara A. McAuliffe on 3/28/2017. (Herman, H)

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1 2 3 4 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.: (562)868-5886 Fax: (562)868-8868 E-mail: 5 6 Attorneys for Plaintiff Annette Russell 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 ANNETTE RUSSELL, 13 Plaintiff, 14 15 vs. NANCY A. BERRYHILL1, Acting Commissioner of Social Security, 16 Defendant. 17 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:15-cv-00473-BAM STIPULATION AND ORDER 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 18 19 20 TO THE HONORABLE BARBARA A. MCAULIFFE, MAGISTRATE JUDGE OF THE UNITED STATES DISTRICT COURT: 21 22 IT IS HEREBY STIPULATED, by and between the parties through their undersigned counsel, subject to the approval of the Court, that Annette Russell be 23 24 25 26 27 28 1 Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the F.R.C.P., Nancy A. Berryhill should be substituted for Acting Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken to continue this suit based on the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). -1- 1 awarded attorney fees in the amount of four thousand nine hundred dollars 2 ($4,900.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). 3 This amount represents compensation for all legal services rendered on behalf of 4 Plaintiff by counsel in connection with this civil action, in accordance with 28 5 U.S.C. §§ 1920; 2412(d). 6 After the Court issues an order for EAJA fees to Annette Russell, the 7 government will consider the matter of Annette Russell's assignment of EAJA fees 8 to Young Cho. The retainer agreement containing the assignment is attached as 9 exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to 10 honor the assignment will depend on whether the fees are subject to any offset 11 allowed under the United States Department of the Treasury's Offset Program. 12 After the order for EAJA fees is entered, the government will determine whether 13 they are subject to any offset. 14 Fees shall be made payable to Annette Russell, but if the Department of the 15 Treasury determines that Annette Russell does not owe a federal debt, then the 16 government shall cause the payment of fees, expenses and costs to be made 17 directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment 18 executed by Annette Russell.2 Any payments made shall be delivered to Young 19 Cho. 20 This stipulation constitutes a compromise settlement of Annette Russell's 21 request for EAJA attorney fees, and does not constitute an admission of liability on 22 the part of Defendant under the EAJA or otherwise. Payment of the agreed amount 23 shall constitute a complete release from, and bar to, any and all claims that Annette 24 25 26 27 28 2 The parties do not stipulate whether counsel for the plaintiff has a cognizable lien under federal law against the recovery of EAJA fees that survives the Treasury Offset Program. -2- 1 Russell and/or Young Cho including Law Offices of Lawrence D. Rohlfing may 2 have relating to EAJA attorney fees in connection with this action. 3 This award is without prejudice to the rights of Young Cho and/or the Law 4 Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under 5 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 6 DATE: March 27, 2017 LAW OFFICES OF LAWRENCE D. ROHLFING 7 8 9 10 Respectfully submitted, DATE: March 27, 2017 11 /s/ Young Cho BY: __________________ Young Cho Attorney for plaintiff Annette Russell PHILLIP A. TALBERT Acting United States Attorney /s/ Jeffrey T. Chen 12 JEFFREY T. CHEN Special Assistant United States Attorney Attorneys for Defendant NANCY A. BERRYHILL, Acting Commissioner of Social Security (Per e-mail authorization) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// /// /// /// /// /// /// /// -3- ORDER 1 2 Based upon the parties’ above Stipulation for the Award and Payment of 3 Equal Access to Justice Act Fees, Costs, and Expenses, IT IS ORDERED that fees 4 and expenses in the total amount of four thousand nine hundred dollars 5 ($4,900.00), as authorized by 28 U.S.C. §2412, be awarded subject to the terms of 6 the Stipulation. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: March 28, 2017 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE

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