Reyes v. Commissioner of Social Security

Filing 21

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. Signed by Magistrate Judge Stanley A. Boone on 8/15/2018. (Hernandez, M)

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Cyrus Safa
Attorney at Law: 282971
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
Leon Reyes

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LEON REYES,
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Plaintiff,
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vs.
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NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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Case No.: 1:17-cv-01065-SAB
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 STANLEY A. BOONE, 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 Leon Reyes be
awarded attorney fees in the amount of two thousand seven-hundred seventy-five
dollars ($2,775.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. §
2412(d), and no costs under 28 U.S.C. § 1920. 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 Leon Reyes, the

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government will consider the matter of Leon Reyes's assignment of EAJA fees to

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Cyrus Safa. The retainer agreement containing the assignment is attached as

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

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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 Program.

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After the order for EAJA fees is entered, the government will determine whether

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they are subject to any offset.

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Fees shall be made payable to Leon Reyes, but if the Department of the

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Treasury determines that Leon Reyes 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 Leon Reyes.1 Any payments made shall be delivered to Cyrus Safa.

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This stipulation constitutes a compromise settlement of Leon Reyes'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 Leon Reyes

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and/or Cyrus Safa including Law Offices of Lawrence D. Rohlfing may have

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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 Cyrus Safa and/or the Law

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Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under

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

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DATE: August 14, 2018

LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Cyrus Safa
BY: __________________
Cyrus Safa
Attorney for plaintiff Leon Reyes

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Respectfully submitted,

DATED: August 14, 2018

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration
/s/ Marcelo N. Illarmo

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MARCELO N. ILLARMO
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 stipulation of the parties, IT IS HEREBY ORDERED that
attorney fees in the amount of two thousand seven-hundred seventy-five dollars

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($2,775.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d),

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and no costs under 28 U.S.C. § 1920 are awarded to Plaintiff as set forth in the

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parties’ stipulation.

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IT IS SO ORDERED.
Dated:

August 15, 2018
UNITED STATES MAGISTRATE JUDGE