Johnson v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER for the AWARD and PAYMENT of ATTORNEY FEES AND EXPENSES. Attorney's fees in the amount of FOUR THOUSAND TWO HUNDRED dollars ($4,200.00) and expenses in the amount of Zero dollars ($0.00) under the Equal A ccess to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of Zero dollars ($0.00) under 28 U.S.C. § 1920, shall be awarded, subject to the terms of the Stipulation. Order signed by Magistrate Judge Sheila K. Oberto on 9/27/2017. (Timken, A)

1
2
3
4

Steven G. Rosales
Attorney at Law: 222224
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]

5
6

Attorneys for Plaintiff
James Charles Johnson

7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA

9
10

JAMES CHARLES JOHNSON,
11
Plaintiff,
12
vs.
13
14
15

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

16

)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:16-cv-01040-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) AND COSTS PURSUANT
TO 28 U.S.C. § 1920
(Doc. 21)

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 James Charles
Johnson be awarded attorney fees in the amount of FOUR THOUSAND TWO
HUNDRED dollars ($4,200.00) and expenses in the amount of Zero dollars
($0.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and
costs in the amount of Zero dollars ($0.00) under 28 U.S.C. § 1920. This amount
represents compensation for all legal services rendered on behalf of Plaintiff by

-1-

1

counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920;

2

2412(d).

3

After the Court issues an order for EAJA fees to James Charles Johnson, the

4

government will consider the matter of James Charles Johnson's assignment of

5

EAJA fees to Steven G. Rosales. The retainer agreement containing the

6

assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521,

7

2529 (2010), the ability to honor the assignment will depend on whether the fees

8

are subject to any offset allowed under the United States Department of the

9

Treasury's Offset Program. After the order for EAJA fees is entered, the

10

government will determine whether they are subject to any offset.

11

Fees shall be made payable to James Charles Johnson, but if the Department

12

of the Treasury determines that James Charles Johnson does not owe a federal

13

debt, then the government shall cause the payment of fees, expenses and costs to

14

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

15

assignment executed by James Charles Johnson.1 Any payments made shall be

16

delivered to Steven G. Rosales.

17

This stipulation constitutes a compromise settlement of James Charles

18

Johnson's request for EAJA attorney fees, and does not constitute an admission of

19

liability on the part of Defendant under the EAJA or otherwise. Payment of the

20

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

21

claims that James Charles Johnson and/or Steven G. Rosales including Law

22

Offices of Lawrence D. Rohlfing may have relating to EAJA attorney fees in

23

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 Steven G. Rosales and/or the

2

Law Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees

3

under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

4

DATE: September 20, 2017

Respectfully submitted,

5

LAW OFFICES OF LAWRENCE D. ROHLFING
/s/ Steven G. Rosales
BY: __________________
Steven G. Rosales
Attorney for plaintiff James Charles Johnson

6
7
8
9

DATED:

10
11

/s/ Sharon Lahey

12

SHARON LAHEY
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

Based upon the parties’ above “Stipulation for the Award and Payment of

17
18
19
20
21
22
23
24
25
26
27
28

PHILLIP A. TALBERT
Acting United States Attorney

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” (the “Stipulation”) (Doc. 21),
attorney’s fees in the amount of FOUR THOUSAND TWO HUNDRED dollars
($4,200.00) and expenses in the amount of Zero dollars ($0.00) under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of
Zero dollars ($0.00) under 28 U.S.C. § 1920, shall be awarded, subject to the terms
of the Stipulation.
IT IS SO ORDERED.
Dated:

September 27, 2017

/s/
-3-

Sheila K. Oberto

.

1

UNITED STATES MAGISTRATE JUDGE

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-4-