Colon v. Commissioner of Social Security

Filing 18

STIPULATION AND ORDER signed by Magistrate Judge Edmund F. Brennan on 10/25/2016 ORDERING that Alicia Enid Colon be awarded attorney fees in the amount of $4,000 under the Equal Access to Justice Act, 28:2412(d). This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28:1920; 2412(d). (Reader, L)

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Brian C. Shapiro
Attorney at Law: 192789
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
Alicia Enid Colon

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ALICIA ENID COLON,

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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.: 2:15-cv-1072-EFB
STIPULATION AND PROPOSED
ORDER FOR THE AWARD AND
PAYMENT OF ATTORNEY FEES
PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C.
§ 2412(d)

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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
undersigned counsel, subject to the approval of the Court, that Alicia Enid Colon
be awarded attorney fees in the amount of FOUR THOUSAND dollars ($4,000)
under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount
represents compensation for all legal services rendered on behalf of Plaintiff by
counsel in 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 Alicia Enid Colon, the

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government will consider the matter of Alicia Enid Colon's assignment of EAJA

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fees to Brian C. Shapiro. The retainer agreement containing the assignment is

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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 Alicia Enid Colon, but if the Department of

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the Treasury determines that Alicia Enid Colon 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 Alicia Enid Colon.1 Any payments made shall be delivered to Brian

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C. Shapiro.

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This stipulation constitutes a compromise settlement of Alicia Enid Colon'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 Alicia

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Enid Colon and/or Brian C. Shapiro 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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This award is without prejudice to the rights of Brian C. Shapiro and/or the

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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.

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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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DATE: October 24, 2016

Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Brian C. Shapiro
BY: __________________
Brian C. Shapiro
Attorney for plaintiff Alicia Enid Colon

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DATED: October 24, 2016

PHILLIP A. TALBERT
Acting United States Attorney

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/s/ Richard Rodriguez

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RICHARD RODRIGUEZ
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: October 25, 2016.

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