Rodgers v. Commissioner of Social Security

Filing 20

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 in the amount of three thousand four hundred dollars and eight cents ($3,400.08) as authorized by 28 U.S.C. § 2412(d) be awarded subject to the terms of the Stipulation. signed by Magistrate Judge Barbara A. McAuliffe on 11/20/2017. (Herman, H)

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Cyrus Safa
Attorney at Law: 282971
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
Darlene Denise Rodgers

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DARLENE DENISE RODGERS,

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

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Case No.: 1:16-cv-00544-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

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TO THE HONORABLE BARBARA A. MCAULIFFE, 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 Darlene Denise
Rodgers be awarded attorney fees in the amount of three thousand four hundred
dollars and eight cents ($3,400.08) under the Equal Access to Justice Act (EAJA),
28 U.S.C. § 2412(d), and no costs 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).

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After the Court issues an order for EAJA fees to Darlene Denise Rodgers,

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the government will consider the matter of Darlene Denise Rodgers's assignment

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of EAJA fees to Cyrus Safa. The retainer agreement containing the assignment is

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attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010),

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the ability to honor the assignment will depend on whether the fees are subject to

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

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

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whether they are subject to any offset.

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Fees shall be made payable to Darlene Denise Rodgers, but if the

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Department of the Treasury determines that Darlene Denise Rodgers does not owe

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a federal debt, then the government shall cause the payment of fees, expenses and

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costs to be made directly to Law Offices of Lawrence D. Rohlfing, pursuant to the

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assignment executed by Darlene Denise Rodgers.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 Darlene Denise

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Rodgers'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

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agreed amount shall constitute a complete release from, and bar to, any and all

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claims that Darlene Denise Rodgers and/or Cyrus Safa including Law Offices of

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Lawrence D. Rohlfing may have relating to EAJA attorney fees in connection with

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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 Cyrus Safa 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.
DATE: November 17, 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 Darlene Denise Rodgers

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DATE: November 17, 2017

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PHILLIP A. TALBERT
United States Attorney

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/s/ Sundeep Patel

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SUNDEEP PATEL
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 parties’ Stipulation for the Award and Payment of Attorney

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Fees and Expenses Pursuant to the Equal Access to Justice Act and Costs filed on

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November 20, 2017 (“Stipulation”), IT IS HEREBY ORDERED that fees in the

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amount of three thousand four hundred dollars and eight cents ($3,400.08) as

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authorized by 28 U.S.C. § 2412(d) be awarded subject to the terms of the

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Stipulation.
IT IS SO ORDERED.

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Dated:

/s/ Barbara

November 20, 2017

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_

UNITED STATES MAGISTRATE JUDGE

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A. McAuliffe

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