Muradyan v. Commissioner of Social Security

Filing 23

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 signed by Magistrate Judge Gary S. Austin on 11/29/2017. (Sant Agata, S)

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1 2 3 4 5 6 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: Attorneys for Plaintiff Hayk Muradyan 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 14 HAYK MURADYAN, 15 Plaintiff, 16 vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, 17 18 Defendant. 19 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-00760-GSA 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 20 21 22 23 TO THE HONORABLE GARY S. AUSTIN, MAGISTRATE JUDGE OF THE DISTRICT COURT: IT IS HEREBY STIPULATED, by and between the parties through their 24 undersigned counsel, subject to the approval of the Court, that Hayk Muradyan be 25 awarded attorney fees in the amount of five thousand five hundred dollars 26 ($5,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). 27 28 -1- 1 This amount represents compensation for all legal services rendered on behalf of 2 Plaintiff by counsel in connection with this civil action, in accordance with 28 3 U.S.C. §§ 1920; 2412(d). 4 After the Court issues an order for EAJA fees to Hayk Muradyan, the 5 government will consider the matter of Hayk Muradyan's assignment of EAJA fees 6 to Young Cho. The retainer agreement containing the assignment is attached as 7 exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to 8 honor the assignment will depend on whether the fees are subject to any offset 9 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. 12 Fees shall be made payable to Hayk Muradyan, but if the Department of the 13 Treasury determines that Hayk Muradyan does not owe a federal debt, then the 14 government shall cause the payment of fees, expenses and costs to be made 15 directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment 16 executed by Hayk Muradyan.1 Any payments made shall be delivered to Young 17 Cho. 18 This stipulation constitutes a compromise settlement of Hayk Muradyan's 19 request for EAJA attorney fees, and does not constitute an admission of liability on 20 the part of Defendant under the EAJA or otherwise. Payment of the agreed amount 21 shall constitute a complete release from, and bar to, any and all claims that Hayk 22 Muradyan and/or Young Cho including Law Offices of Lawrence D. Rohlfing may 23 have relating to EAJA attorney fees in connection with this action. 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 This award is without prejudice to the rights of Young Cho and/or the Law 2 Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under 3 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 4 DATE: November 27, 2017 5 LAW OFFICES OF LAWRENCE D. ROHLFING 6 /s/ Young Cho BY: __________________ Young Cho Attorney for plaintiff Hayk Muradyan 7 8 9 Respectfully submitted, DATE: November 27, 2017 10 PHILLIP A. TALBERT Acting United States Attorney 11 /s/ Ann L. Maley 12 ANN L. MALEY Special Assistant United States Attorney Attorneys for Defendant NANCY A. BERRYHILL, Acting Commissioner of Social Security (Per e-mail authorization) 13 14 15 ORDER 16 Pursuant to the stipulation of the parties (Doc. 22), Plaintiff shall be 17 18 awarded attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 19 2412(d), in the amount of FIVE THOUSAND FIVE HUNDRED dollars and 20 ZERO cents ($5,500.00). Payment shall be made pursuant to Astrue v. Ratcliff, 21 130 S. Ct. 2521 (2010) in accordance with the terms of the stipulation outlined 22 above. 23 IT IS SO ORDERED. 24 25 Dated: November 29, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 26 27 28 -3-

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