Varela v. Commissioner of Social Security

Filing 16

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 Cost Pursuant to 28 U.S.C. § 1920: that fees in the amount of One Thousand Three Hundred dollars ($1,300.00), as authorized by 28 U.S.C. §2412, be awarded subject to the terms of the Stipulation. signed by Magistrate Judge Barbara A. McAuliffe on 11/6/2017. (Herman, H)

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Laura E. Krank
Attorney at Law: 220208
Law Offices of Rohlfing & Kalagian, LLP
211 East Ocean Boulevard, Suite 420
Long Beach, CA 90802
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Guadalupe Varela

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GUADALUPE VARELA,

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

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Case No.: 1:16-cv-01803-BAM
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 BARBARA A. MCAULIFFE, 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 Guadalupe Varela
be awarded attorney fees in the amount of One Thousand Three Hundred dollars
($1,300.00) 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).

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After the Court issues an order for EAJA fees to Guadalupe Varela, the

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government will consider the matter of Guadalupe Varela's assignment of EAJA

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fees to Laura E. Krank. The retainer agreement containing the assignment is

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

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the ability to honor the assignment will depend on whether the fees are subject to

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any offset 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 Guadalupe Varela, but if the Department of

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the Treasury determines that Guadalupe Varela 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 Rohlfing & Kalagian, LLP, pursuant to the assignment

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executed by Guadalupe Varela.1 Any payments made shall be delivered to Laura

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E. Krank.

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This stipulation constitutes a compromise settlement of Guadalupe Varela'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

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Guadalupe Varela and/or Laura E. Krank including Law Offices of Rohlfing &

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Kalagian, LLP may have relating to EAJA attorney fees in connection with this

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action.

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This award is without prejudice to the rights of Laura E. Krank and/or the
Law Offices of Rohlfing & Kalagian, LLP to seek Social Security Act attorney

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

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EAJA.
DATE: November 1, 2017

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Respectfully submitted,

LAW OFFICES OF ROHLFING & KALAGIAN, LLP

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/s/ Laura E. Krank
BY: __________________
Laura E. Krank
Attorney for plaintiff Guadalupe Varela

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DATED: November 1, 2017

PHILLIP A. TALBERT
Acting United States Attorney

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/s/ Chantal R. Jenkins
BY:
CHANTAL R. JENKINS
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
Based upon the parties’ Stipulation for the Award and Payment of Equal
Access to Justice Act Fees and Expenses, IT IS ORDERED that fees in the amount
of One Thousand Three Hundred dollars ($1,300.00), as authorized by 28 U.S.C.
§2412, be awarded subject to the terms of the Stipulation.
IT IS SO ORDERED.

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Dated:

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/s/ Barbara

November 6, 2017

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UNITED STATES MAGISTRATE JUDGE

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A. McAuliffe

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