Gibson v. Commissioner of Social Security
Filing
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STIPULATION and ORDER for the Award and Payment of Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act, signed by Magistrate Judge Gary S. Austin on 1/5/19. (Gonzalez, R)
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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.: (562) 868-5886
Fax: (562) 868-8868
E-mail: rohlfing.office@rohlfinglaw.com
Attorneys for Plaintiff
Carrie Mae Gibson
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CARRIE MAE GIBSON,
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Plaintiff,
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vs.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
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Defendant.
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Case No.: 1:18-cv-00495-GSA
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 GARY S. AUSTIN, 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 Carrie Mae Gibson
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be awarded attorney fees and expenses in the amount of One Thousand Six
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Hundred dollars ($1,600.00) 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 Carrie Mae Gibson, the
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government will consider the matter of Carrie Mae Gibson'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 Carrie Mae Gibson, but if the Department of
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the Treasury determines that Carrie Mae Gibson does not owe a federal debt, then
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the 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 Carrie Mae Gibson.1 Any payments made shall be delivered to Denise
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Bourgeois Haley.
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This stipulation constitutes a compromise settlement of Carrie Mae Gibson's
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request for EAJA attorney fees, and does not constitute an admission of liability on
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the part of Defendant under the EAJA or otherwise. Payment of the agreed amount
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shall constitute a complete release from, and bar to, any and all claims that Carrie
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Mae Gibson and/or Denise Bourgeois Haley including Law Offices of Lawrence
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D. Rohlfing may have relating to EAJA attorney fees in connection with this
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action.
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This award is without prejudice to the rights of Denise Bourgeois Haley
and/or the Law Offices of Lawrence D. Rohlfing to seek Social Security Act
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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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attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of
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the EAJA.
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DATE: December 18, 2018
Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING
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/s/ Denise Bourgeois Haley
BY: __________________
Denise Bourgeois Haley
Attorney for plaintiff Carrie Mae Gibson
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DATED:
ALEX G. TSE
Acting United States Attorney
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/s/ Francesco Benavides
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FRANCESCO BENAVIDES
Special Assistant United States Attorney
Attorneys for Defendant Nancy A. Berryhill,
Acting Commissioner of Social Security
(Per e-mail authorization)
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IT IS SO ORDERED.
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Dated:
January 5, 2019
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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