White v. Commissioner of Social Security

Filing 19

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: that fees in the amount of four thousand dollars ($4,000.00), 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 3/23/2018. (Herman, H)

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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]

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Attorneys for Plaintiff
Earl Fitzgerald White

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EARL FITZGERALD WHITE,
Plaintiff,

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

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Case No.: 1:17-cv-00629-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

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counsel, subject to the approval of the Court, that Earl Fitzgerald White be awarded attorney fees

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in the amount of four thousand dollars ($4,000.00) under the Equal Access to Justice Act

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(EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal services

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rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with

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28 U.S.C. §§ 1920; 2412(d).
After the Court issues an order for EAJA fees to Earl Fitzgerald White, the government

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will consider the matter of Earl Fitzgerald White's assignment of EAJA fees to Young Cho. The

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retainer agreement containing the assignment is attached as exhibit 1. Pursuant to Astrue v.

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Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the assignment will depend on whether

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the fees are subject to any offset allowed under the United States Department of the Treasury's

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Offset 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 Earl Fitzgerald White, but if the Department of the

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Treasury determines that Earl Fitzgerald White does not owe a federal debt, then the government

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shall cause the payment of fees, expenses and costs to be made directly to Law Offices of

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Lawrence D. Rohlfing, pursuant to the assignment executed by Earl Fitzgerald White.1 Any

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payments made shall be delivered to Young Cho.
This stipulation constitutes a compromise settlement of Earl Fitzgerald White's request

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for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant

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under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release

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from, and bar to, any and all claims that Earl Fitzgerald White and/or Young Cho including Law

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

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this action.
This award is without prejudice to the rights of Young Cho and/or the Law Offices of

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Lawrence D. Rohlfing to seek Social Security Act attorney fees under 42 U.S.C. § 406(b),

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subject to the savings clause provisions of the EAJA.

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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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DATE: March 22, 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 Earl Fitzgerald White

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DATE: March 22, 2018

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McGREGOR W. SCOTT
United States Attorney
/s/ Donna W. Anderson

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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

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Based upon the parties’ Stipulation for the Award and Payment of Equal Access to

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Justice Act Fees and Expenses, IT IS ORDERED that fees in the amount of four thousand

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dollars ($4,000.00), as authorized by 28 U.S.C. §2412, be awarded subject to the terms of

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the Stipulation.

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IT IS SO ORDERED.

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Dated:

March 23, 2018

/s/ Barbara

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE