Muradyan v. Commissioner of Social Security
Filing
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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 signed by Magistrate Judge Gary S. Austin on 11/29/2017. (Sant Agata, S)
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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.: (562) 868-5886
Fax: (562) 868-8868
E-mail: rohlfing.office@rohlfinglaw.com
Attorneys for Plaintiff
Hayk Muradyan
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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HAYK MURADYAN,
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Plaintiff,
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vs.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
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Defendant.
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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
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TO THE HONORABLE GARY S. AUSTIN, MAGISTRATE JUDGE OF
THE DISTRICT COURT:
IT IS HEREBY STIPULATED, by and between the parties through their
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undersigned counsel, subject to the approval of the Court, that Hayk Muradyan be
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awarded attorney fees in the amount of five thousand five hundred dollars
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($5,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d).
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This amount represents compensation for all legal services rendered on behalf of
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Plaintiff by counsel in connection with this civil action, in accordance with 28
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U.S.C. §§ 1920; 2412(d).
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After the Court issues an order for EAJA fees to Hayk Muradyan, the
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government will consider the matter of Hayk Muradyan's assignment of EAJA fees
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to Young Cho. The retainer agreement containing the assignment is attached as
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exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to
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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
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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 Hayk Muradyan, but if the Department of the
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Treasury determines that Hayk Muradyan 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 Hayk Muradyan.1 Any payments made shall be delivered to Young
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Cho.
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This stipulation constitutes a compromise settlement of Hayk Muradyan'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 Hayk
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Muradyan 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 27, 2017
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LAW OFFICES OF LAWRENCE D. ROHLFING
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/s/ Young Cho
BY: __________________
Young Cho
Attorney for plaintiff Hayk Muradyan
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Respectfully submitted,
DATE: November 27, 2017
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PHILLIP A. TALBERT
Acting United States Attorney
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/s/ Ann L. Maley
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ANN L. MALEY
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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Pursuant to the stipulation of the parties (Doc. 22), Plaintiff shall be
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awarded attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §
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2412(d), in the amount of FIVE THOUSAND FIVE HUNDRED dollars and
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ZERO cents ($5,500.00). Payment shall be made pursuant to Astrue v. Ratcliff,
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130 S. Ct. 2521 (2010) in accordance with the terms of the stipulation outlined
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above.
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IT IS SO ORDERED.
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Dated:
November 29, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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