Terrazas v. Commissioner of Social Security

Filing 24

STIPULATION and ORDER AWARDING fees and costs in the amount of $2,544.00 and expenses in the amount of $16.00 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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Denise Bourgeois Haley
Attorney at Law: 143709
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
Anna Maria Terrazas

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ANNA MARIA TERRAZAS,

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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-01812-EPG
STIPULATION AND PROPOSED
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
undersigned counsel, subject to the approval of the Court, that Anna Maria
Terrazas be awarded attorney fees in the amount of Two Thousand Five Hundred
Forty Four dollars ($2,544.00) and expenses in the amount of Sixteen dollars
($16.00) 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

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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 Anna Maria Terrazas, the

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government will consider the matter of Anna Maria Terrazas's assignment of EAJA

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fees to Denise Bourgeois Haley. The retainer agreement containing the assignment

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is 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 Anna Maria Terrazas, but if the Department

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of the Treasury determines that Anna Maria Terrazas does not owe a federal debt,

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

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

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executed by Anna Maria Terrazas.1 Any payments made shall be delivered to

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Denise Bourgeois Haley.

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This stipulation constitutes a compromise settlement of Anna Maria

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Terrazas'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 Anna Maria Terrazas and/or Denise Bourgeois Haley including Law

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

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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 Denise Bourgeois Haley

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and/or the Law Offices of Lawrence D. Rohlfing to seek Social Security Act

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

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the EAJA.
DATE: January 9, 2018

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Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Denise Bourgeois Haley
BY: __________________
Denise Bourgeois Haley
Attorney for plaintiff Anna Maria Terrazas

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DATED: January 10, 2018

McGREGOR W. SCOTT
United States Attorney

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/s/ Richard Rodriguez
RICHARD RODRIGUEZ
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 parties’ Stipulation, IT IS ORDERED that fees and costs in

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the amount of $2,544.00 and expenses in the amount of Sixteen dollars $16.00 as

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authorized by 28 U.S.C. §§ 2412(d) and 1920 be awarded subject to the terms of

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the Stipulation.

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IT IS SO ORDERED.
Dated:

January 16, 2018

/s/
UNITED STATES MAGISTRATE JUDGE