Robles v. Commissioner of Social Security
Filing
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STIPULATION and ORDER for the Award and Payment of Attorney Fees and Expenses, signed by Magistrate Judge Barbara A. McAuliffe on 1/9/19. (Gonzalez, R)
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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.: (562) 868-5886
Fax: (562) 868-8868
E-mail: rohlfing.office@rohlfinglaw.com
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Attorneys for Plaintiff
Job Robles
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOB ROBLES,
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Plaintiff,
vs.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
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Defendant.
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Case No.: 1:17-cv-00566-BAM
STIPULATION 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
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undersigned counsel, subject to the approval of the Court, that Job Robles be
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awarded attorney fees and expenses in the amount of FOUR THOUSAND ONE
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HUNDRED dollars ($4,100.00) under the Equal Access to Justice Act (EAJA), 28
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U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This amount represents
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compensation for all legal services rendered on behalf of Plaintiff by counsel in
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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 Job Robles, the
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government will consider the matter of Job Robles's assignment of EAJA fees to
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Steven G. Rosales. 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 Job Robles, but if the Department of the
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Treasury determines that Job Robles 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 Job Robles.1 Any payments made shall be delivered to Steven G.
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Rosales.
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This stipulation constitutes a compromise settlement of Job Robles's request
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for EAJA attorney fees, and does not constitute an admission of liability on the part
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of Defendant under the EAJA or otherwise. Payment of the agreed amount shall
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constitute a complete release from, and bar to, any and all claims that Job Robles
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and/or Steven G. Rosales 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 Steven G. Rosales and/or the
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Law Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees
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under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
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DATE: January 7, 2019
LAW OFFICES OF LAWRENCE D. ROHLFING
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/s/ Steven G. Rosales
BY: __________________
Steven G. Rosales
Attorney for plaintiff Job Robles
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Respectfully submitted,
DATED: January 7, 2019
McGREGOR W. SCOTT
United States Attorney
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/s/ Chantal R. Jenkins
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
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Based upon the parties’ stipulation for the award and payment of attorney’s
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fees pursuant to the Equal Access to Justice Act (“Stipulation”) filed on January 9,
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2019, IT IS HEREBY ORDERED that, pursuant to 28 U.S.C. § 2412, fees in the
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amount of four thousand one hundred dollars ($4,100.00) be awarded subject to the
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terms of the Stipulation.
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IT IS SO ORDERED.
Dated:
January 9, 2019
/s/ Barbara
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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