Levine v. Commissioner of Social Security

Filing 19

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 8/20/2014 re: 18 Stipulation and Proposed Order; ORDERING Jimmy R. Levine be awarded attorney fees and expenses in the amount of $2,700.00, without prejudice and in accordance with this Order. (Waggoner, D)

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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
Jimmy R. Levine

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JIMMY R. LEVINE,

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Plaintiff,

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vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

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Defendant.
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Case No.: 2:13-cv-02189-EFB
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 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 Jimmy R. Levine be

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awarded attorney fees and expenses in the amount of two thousand seven hundred

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dollars ($2,700.00) 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 Jimmy R. Levine, the

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government will consider the matter of Jimmy R. Levine's assignment of EAJA

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fees to Young Cho. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the

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ability to honor the assignment will depend on whether the fees are subject to any

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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 Jimmy R. Levine, but if the Department of

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the Treasury determines that Jimmy R. Levine 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 Jimmy R. Levine. United States v. $186,416.00, 722 F.3d 1173, 1176

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(9th Cir. 2013) ($186,416.00 II) (ordering fees paid to counsel because of an

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assignment that did not interfere with a raised superior lien).1 Any payments made

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shall be delivered to Young Cho.

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The Commissioner does not stipulate to the citation of $186,416.00 II, and will
not participate in representing to this Court that it carries legal import in these
proceedings. $186,416 II involved a different statute and very different factual
circumstances than those presented here, or in other Social Security cases.
Because the parties have agreed to the payment of EAJA fees, and the amount, and
to avoid motion practice solely related to Plaintiff’s citation, the Commissioner
agrees to this stipulation. The Commissioner reserves the right to challenge the
applicability of $186,416 II to any Social Security case, and this Stipulation should
not be construed as a waiver of such reservation.
Jimmy Levine contends that U.S. v. $186,416.00 in U.S. Currency, 642 F.3d 753,
757 (9th Cir. 2011) ($186,416.00 I) held that there is no functional difference
between the CAFRA and EAJA in terms of "ownership" of the fee.
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This stipulation constitutes a compromise settlement of Jimmy R. Levine'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 Jimmy

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R. Levine and/or Young Cho including Law Offices of Lawrence D. Rohlfing may

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

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This award is without prejudice to the rights of Young Cho 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 19, 2014

Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Young Cho
BY: __________________
Young Cho
Attorney for plaintiff Jimmy R. Levine

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DATE: August 19, 2014

BENJAMIN B. WAGNER
United States Attorney

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/s/ Patrick W. Snyder

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Patrick W. Snyder
Special Assistant United States Attorney
Attorneys for Defendant Carolyn W. Colvin,
Acting Commissioner of Social Security
(Per e-mail authorization)

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ORDER
Approved and so ordered.
DATED: August 20, 2014.
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THE HONORABLE EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE
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