Robles v. Commissioner of Social Security

Filing 24

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.: [phone]
Fax: [phone]
E-mail: [e-mail]

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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