D'Ambrosio v. Commissioner of Social Security

Filing 20

STIPULATION and ORDER for the Award and Payment of Attorney Fees and Expenses. 19 . Fees and expenses in the amount of three thousand nine hundred dollars ($3,900.00) 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 8/18/2017. (Timken, A)

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1 2 3 4 5 6 Brian C. Shapiro Attorney at Law: 192789 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: rohlfing.office@rohlfinglaw.com Attorneys for Plaintiff Sam D'ambrosio 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 SAM D'AMBROSIO, 11 Plaintiff, 12 13 14 15 vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-00579-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) (Doc. 19) 17 18 19 20 21 22 23 24 25 26 27 28 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 Sam D'ambrosio be awarded attorney fees in the amount of THREE THOUSAND NINE HUNDRED dollars ($3900) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). 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). -1- 1 After the Court issues an order for EAJA fees to Sam D'ambrosio, the 2 government will consider the matter of Sam D'ambrosio's assignment of EAJA 3 fees to Brian C. Shapiro. The retainer agreement containing the assignment is 4 attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), 5 the ability to honor the assignment will depend on whether the fees are subject to 6 any offset allowed under the United States Department of the Treasury's Offset 7 Program. After the order for EAJA fees is entered, the government will determine 8 whether they are subject to any offset. 9 Fees shall be made payable to Sam D'ambrosio, but if the Department of the 10 Treasury determines that Sam D'ambrosio does not owe a federal debt, then the 11 government shall cause the payment of fees, expenses and costs to be made 12 directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment 13 executed by Sam D'ambrosio.1 Any payments made shall be delivered to Brian C. 14 Shapiro. 15 This stipulation constitutes a compromise settlement of Sam D'ambrosio's 16 request for EAJA attorney fees, and does not constitute an admission of liability on 17 the part of Defendant under the EAJA or otherwise. Payment of the agreed amount 18 shall constitute a complete release from, and bar to, any and all claims that Sam 19 D'ambrosio and/or Brian C. Shapiro including Law Offices of Lawrence D. 20 Rohlfing may have relating to EAJA attorney fees in connection with this action. 21 This award is without prejudice to the rights of Brian C. Shapiro and/or the Law 22 Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees /// 23 /// 24 25 26 27 28 1 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 2 under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. DATE: August 18, 2017 Respectfully submitted, LAW OFFICES OF LAWRENCE D. ROHLFING 3 /s/ Brian C. Shapiro BY: __________________ Brian C. Shapiro Attorney for plaintiff Sam D'ambrosio 4 5 6 7 DATED: August 18, 2017 PHILLIP A. TALBERT Acting United States Attorney 8 /s/ Ann L. Maley 9 ANN L. MALEY Special Assistant United States Attorney Attorneys for Defendant NANCY A. BERRYHILL, Acting Commissioner of Social Security (Per e-mail authorization) 10 11 12 13 14 15 ORDER 16 17 Based upon the above “Stipulation for the Award and Payment of Attorney 18 Fees and Expenses Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 19 2412(d)” (Doc. 19), IT IS ORDERED that fees and expenses in the amount of 20 three thousand nine hundred dollars ($3,900.00) under EAJA, 28 U.S.C. § 2412(d), 21 be awarded subject to the terms of the above Stipulation. 22 IT IS SO ORDERED. 23 24 Dated: August 18, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 25 26 27 28 Sheila K. Oberto -3- .

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