Johnson v. Commissioner of Social Security

Filing 24

STIPULATION and ORDER 23 signed by Magistrate Judge Edmund F. Brennan on 3/29/12; IT IS ORDERED that fees and expenses in the amount of $3300 as authorized by 28 U.S.C. § 2412 be awarded subject to the terms of the Stipulation.(Matson, R)

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Brian C. Shapiro
Attorney at Law: 192789
Law Offices of Lawrence D. Rohlfing
12631 East Imperial Highway, Suite C-115Santa Fe Springs, CA 90670
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Arron P. Johnson

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARRON P. JOHNSON,

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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.: 2:10-cv-02578-EFB
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 AND ORDER

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TO THE HONORABLE EDMUND F. BRENNAN, 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 Arron P. Johnson be

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awarded attorney fees and expenses in the amount of three thousand three hundred

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dollars ($3300) under the Equal Access to Justice Act (EAJA), 28 U.S.C.

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§ 2412(d). This amount represents compensation for all legal services rendered on

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

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with 28 U.S.C. §§ 1920; 2412(d).

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After the Court issues an order for EAJA fees to Arron P. Johnson, the

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government will consider the matter of Arron P. Johnson's assignment of EAJA

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fees to Brian C. Shapiro. 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 Arron P. Johnson, but if the Department of

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the Treasury determines that Arron P. Johnson 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 Arron P. Johnson. Any payments made shall be delivered to Brian C.

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Shapiro.

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This stipulation constitutes a compromise settlement of Arron P. Johnson'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. Payment of the agreed amount shall

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constitute a complete release from, and bar to, any and all claims that Arron P.

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Johnson and/or Brian C. Shapiro including Law Offices of Lawrence D. Rohlfing

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

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Brian C. Shapiro reserves the right to contend that any non-payment caused

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by the collection of a federal debt owed by Arron P. Johnson 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 Brian C. Shapiro 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 Brian C. Shapiro and/or

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Lawrence D. Rohlfing to seek Social Security Act attorney fees under 42 U.S.C.

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§ 406(b), subject to the savings clause provisions of the EAJA.

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DATE: March 26, 2012

Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Brian C. Shapiro
BY: __________________
Brian C. Shapiro
Attorney for plaintiff Arron P. Johnson

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DATED:
BENJAMIN B. WAGNER
United States Attorney

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/s/ Sundeep Patel

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Sundeep Patel
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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IT IS ORDERED that fees and expenses in the amount of $3300 as

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authorized by 28 U.S.C. § 2412 be awarded subject to the terms of the Stipulation.

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DATED: March 29, 2012.

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