Schroeder v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 5/2/2012 ORDERING that Sabrina S. Schroeder be awarded attorney fees and expenses in the amount of two thousand eight hundred dollars ($2,800.00) under the Equal Access to Justice Act (EAJA). (Zignago, K.)

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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]
Attorneys for Plaintiff
Sabrina S. Schroeder

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SABRINA S. SCHROEDER,

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Plaintiff,

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vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security,

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Defendant.
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Case No.: CV 10-2416 CMK
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)

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TO THE HONORABLE CRAIG M. KELLISON, 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 Sabrina S.

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Schroeder be awarded attorney fees and expenses in the amount of two thousand

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eight hundred dollars ($2,800.00) under the Equal Access to Justice Act (EAJA),
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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

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accordance with 28 U.S.C. §§ 1920; 2412(d).

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After the Court issues an order for EAJA fees to Sabrina S. Schroeder, the

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government will consider the matter of Sabrina S. Schroeder's assignment of EAJA

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fees to Young Cho. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253

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(2010), the ability to honor the assignment will depend on whether the fees are

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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

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determine whether they are subject to any offset.

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Fees shall be made payable to Sabrina S. Schroeder, but if the Department

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of the Treasury determines that Sabrina S. Schroeder does not owe a federal debt,

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then the government shall cause the payment of fees, expenses and costs to be

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made directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment

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executed by Sabrina S. Schroeder. Any payments made shall be delivered to

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Young Cho.

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This stipulation constitutes a compromise settlement of Sabrina S.

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Schroeder's request for EAJA attorney fees, and does not constitute an admission

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of liability on the part of Defendant under the EAJA. Payment of the agreed

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amount shall constitute a complete release from, and bar to, any and all claims that

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Sabrina S. Schroeder and/or Young Cho including Law Offices of Lawrence D.

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Rohlfing may have relating to EAJA attorney fees in connection with this action.

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Young Cho reserves the right to contend that any non-payment caused by

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the collection of a federal debt owed by Sabrina S. Schroeder violates 31 C.F.R. §

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285.5(e)(5) and Morrison v. C.I.R., 565 F.3d 658, 667 (9th Cir. 2009). Nothing in

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this stipulation shall be construed as an admission by Young Cho that the
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Government has the right or authority to offset the fees due and payable pursuant

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to this stipulation.

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This award is without prejudice to the rights of Young Cho and/or Lawrence

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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.
DATE: April 30, 2012
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 Sabrina S. Schroeder

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DATE: April 30, 2012

BENJAMIN B. WAGNER
United States Attorney

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/s/ Elizabeth Firer

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Elizabeth Firer
Special Assistant United States Attorney
Attorneys for Defendant Michael J. Astrue,
Commissioner of Social Security
(Per e-mail authorization)

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ORDER

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Approved and so ordered:
Date: 5/2/2012

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_____________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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