Fajardo v. Commissioner of Social Security

Filing 27

STIPULATION and ORDER AWARDING fees and costs in the amount of $6,000 as authorized by 28 U.S.C. §§ 2412(d) and 1920 subject, to the terms of the Stipulation. Order signed by Magistrate Judge Erica P. Grosjean on 1/16/2018. (Rooney, M)

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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.: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Belen Mary Fajardo

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BELEN MARY FAJARDO,

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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-01784-EPG
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 ERICA P. GROSJEAN, 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 Belen Mary Fajardo

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be awarded attorney fees in the amount of six thousand dollars ($6,000.00) under

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the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount

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represents compensation for all legal services rendered on behalf of Plaintiff by

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

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2412(d).

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After the Court issues an order for EAJA fees to Belen Mary Fajardo, the

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government will consider the matter of Belen Mary Fajardo's assignment of EAJA

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fees to Young Cho. The retainer agreement containing the assignment is attached

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

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to 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 Belen Mary Fajardo, but if the Department of

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the Treasury determines that Belen Mary Fajardo does not owe a federal debt, then

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the 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 Belen Mary Fajardo.1 Any payments made shall be delivered to

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Young Cho.

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This stipulation constitutes a compromise settlement of Belen Mary

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Fajardo'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 Belen Mary Fajardo and/or Young Cho including Law Offices of

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

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this action.

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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.
DATE: January 9, 2018
Respectfully submitted,

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LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Young Cho
BY: __________________
Young Cho
Attorney for plaintiff Belen Mary Fajardo

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DATE: January 9, 2018

McGREGOR W. SCOTT
United States Attorney

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/s/ Donna W. Anderson
DONNA W. ANDERSON
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
Pursuant to the parties’ Stipulation, IT IS ORDERED that fees and costs in

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the amount of $6,000 as authorized by 28 U.S.C. §§ 2412(d) and 1920 be awarded
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subject to the terms of the Stipulation.
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IT IS SO ORDERED.

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Dated:

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January 16, 2018

/s/
UNITED STATES MAGISTRATE JUDGE