Howell v. Commissioner of Social Security

Filing 23

STIPULATION AND ORDER signed by Magistrate Judge Deborah Barnes on 5/30/2017 AWARDING the plaintiff attorney fees in the amount of $2,295.00 and expenses in the amount of $14.00 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). (Michel, G.)

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Lawrence D. Rohlfing
Attorney at Law: 119433
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
Mark Allen Howell

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARK ALLEN HOWELL,

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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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No. 2:15-cv-00879 DB
STIPULATION AND ORDRER 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 DEBORAH BARNES, 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 Mark Allen Howell

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be awarded attorney fees in the amount of two thousand two hundred ninety-five

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dollars ($2,295.00) and expenses in the amount of fourteen dollars ($14.00) under

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the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under

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28 U.S.C. § 1920. 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 Mark Allen Howell, the

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government will consider the matter of Mark Allen Howell's assignment of EAJA

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fees to Lawrence D. Rohlfing. 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 Mark Allen Howell, but if the Department of

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the Treasury determines that Mark Allen Howell 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 Mark Allen Howell.1 Any payments made shall be delivered to

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Lawrence D. Rohlfing.

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This stipulation constitutes a compromise settlement of Mark Allen

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

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liability on the part of Defendant under the EAJA or otherwise. Payment of the

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

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claims that Mark Allen Howell and/or Lawrence D. Rohlfing including Law

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Offices of Lawrence D. Rohlfing may have relating to EAJA attorney fees in

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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 Lawrence D. Rohlfing and/or

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

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under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
DATE: May 12, 2017
Respectfully submitted,

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LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Lawrence D. Rohlfing
BY: __________________
Lawrence D. Rohlfing
Attorney for plaintiff Mark Allen Howell

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DATED: May 22, 2017

PHILLIP A. TALBERT
United States Attorney

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/s/ Richard Rodriguez

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RICHARD RODRIGUEZ
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 parties’ stipulation, IT IS SO ORDERED.2

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Dated: May 30, 2017

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DLB:6
DB\orders\orders.soc sec\howell0879.stip.eaja.ord

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Despite the stipulation’s language to the contrary, the parties did not submit a copy of the
retainer agreement as an exhibit.

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