Ballestero v. Commissioner of Social Security

Filing 22

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), (Doc. 21 ). IT IS ORDERED that fees in the amount of three thousand four hundred dollars ($3,4 00) under EAJA, 28 U.S.C. § 2412(d), and costs in the amount of four hundred dollars ($400) under 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation. Order signed by Magistrate Judge Sheila K. Oberto on 5/22/2017. (Rooney, M)

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Cyrus Safa
Attorney at Law: 282971
3 Law Offices of Lawrence D. Rohlfing
12631 East Imperial Highway, Suite C-115
4 Santa Fe Springs, CA 90670
Tel.: [phone]
5 Fax: [phone]
E-mail: [e-mail]
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Attorneys for Plaintiff

7 Diana Christine Ballestero
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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12 DIANA CHRISTINE BALLESTERO, ) Case No.: 1:15-cv-01798-SKO
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Plaintiff,

vs.
NANCY A. BERRYHILL, Acting
16 Commissioner of Social Security,
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Defendant.

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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

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TO THE HONORABLE SHEILA K. OBERTO, MAGISTRATE JUDGE OF

21 THE DISTRICT COURT:
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IT IS HEREBY STIPULATED, by and between the parties through their
undersigned counsel, subject to the approval of the Court, that Diana Christine
Ballestero be awarded attorney fees in the amount of three thousand four hundred
dollars ($3,400.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. §

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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

1 behalf of Plaintiff by counsel in connection with this civil action, in accordance with
2 28 U.S.C. §§ 1920; 2412(d).
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After the Court issues an order for EAJA fees to Diana Christine Ballestero,
the government will consider the matter of Diana Christine Ballestero's assignment
of EAJA fees to Cyrus Safa. The retainer agreement containing the assignment is
attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the

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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

10 Program. After the order for EAJA fees is entered, the government will determine
11 whether they are subject to any offset.

Fees shall be made payable to Diana Christine Ballestero, but if the

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13 Department of the Treasury determines that Diana Christine Ballestero does not owe
14 a federal debt, then the government shall cause the payment of fees, expenses and
15 costs to be made directly to Law Offices of Lawrence D. Rohlfing, pursuant to the
16 assignment executed by Diana Christine Ballestero.1 Any payments made shall be
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delivered to Cyrus Safa.

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This stipulation constitutes a compromise settlement of Diana Christine
Ballestero's request for EAJA attorney fees, and does not constitute an admission of

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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 Diana Christine Ballestero and/or Cyrus Safa including Law Offices of

24 Lawrence D. Rohlfing may have relating to EAJA attorney fees in connection with
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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 Cyrus Safa and/or the Law

2 Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under 42
3 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
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5 DATE: May 19, 2017

Respectfully submitted,

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LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Cyrus Safa
BY: __________________
Cyrus Safa
Attorney for plaintiff Diana Christine Ballestero

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11 DATE: May 19, 2017
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PHILLIP A. TALBERT
United States Attorney
/s/ Jennifer A. Kenney

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JENNIFER A. KENNEY
Special Assistant United States Attorney
Attorneys for Defendant NANCY A. BERRYHILL,
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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4 Fees and Expenses Pursuant to the Equal Access to Justice Act, 28 U.S.C. §
5 2412(d), (Doc. 21), IT IS ORDERED that fees in the amount of three thousand four
6 hundred dollars ($3,400) under EAJA, 28 U.S.C. § 2412(d), and costs in the amount
7 of four hundred dollars ($400) under 28 U.S.C. § 1920 be awarded subject to the
8 terms of the above Stipulation.
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IT IS SO ORDERED.

11 Dated:
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May 22, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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