Guerra v. Commissioner of Social Security

Filing 23

STIPULATION and ORDER for the Award and Payment of Attorney Fees and Expenses. Fees and expenses in the amount of six thousand dollars ($6,000.00) under EAJA, 28 U.S.C. § 2412(d), shall be awarded subject to the terms of the Stipulation. Order signed by Magistrate Judge Sheila K. Oberto on 11/22/2016. (Timken, A)

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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]

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Attorneys for Plaintiff
Jesse Guerra

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSE GUERRA,

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Plaintiff,

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

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Defendant.

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Case No.: 1:15-cv-01408-SKO
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

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 Jesse Guerra be
awarded attorney fees in the amount of six thousand dollars ($6,000.00) under the

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Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents

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compensation for all legal services rendered on behalf of Plaintiff by counsel in

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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 Jesse Guerra, the

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government will consider the matter of Jesse Guerra's assignment of EAJA fees to

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Young Cho. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability

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to honor the assignment will depend on whether the fees are subject to any offset

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allowed under the United States Department of the Treasury's Offset Program.

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After the order for EAJA fees is entered, the government will determine whether

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they are subject to any offset.

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Fees shall be made payable to Jesse Guerra, but if the Department of the

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Treasury determines that Jesse Guerra 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 Jesse Guerra.1 Any payments made shall be delivered to Young Cho.

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This stipulation constitutes a compromise settlement of Jesse Guerra'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 Jesse

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Guerra and/or Young Cho including Law Offices of Lawrence D. Rohlfing may

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

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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.
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This award is without prejudice to the rights of Young Cho and/or the Law

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

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

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DATE: November 21, 2016

Respectfully submitted,

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LAW OFFICES OF LAWRENCE D. ROHLFING
/s/ Young Cho
BY: __________________
Young Cho
Attorney for plaintiff Jesse Guerra

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DATE: November 21, 2016

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PHILLIP A. TALBERT
Acting United States Attorney
/s/ Lynn M. Harada

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LYNN M. HARADA
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

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Based upon the above “Stipulation for the Award and Payment of Attorney

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Fees and Expenses Pursuant to the Equal Access to Justice Act, 28 U.S.C. §

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2412(d) and Costs Pursuant to 28 U.S.C. § 1920” (Doc. 22), IT IS ORDERED that

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fees and expenses in the amount of six thousand dollars ($6,000.00) under EAJA,

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28 U.S.C. § 2412(d), be awarded subject to the terms of the above Stipulation.

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IT IS SO ORDERED.

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Dated:

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November 22, 2016

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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