Short v. Commissioner Social Security

Filing 18

STIPULATION and ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES signed by Magistrate Judge Edmund F. Brennan on 10/13/16. Brenda G. Short is awarded attorney fees in the amount of THREE THOUSAND TWO HUNDRED dollars ($3,200) under the Equal Access to Justice Act.(Mena-Sanchez, L)

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1 2 3 4 5 6 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.: (562)868-5886 Fax: (562)868-8868 E-mail: Attorneys for Plaintiff Brenda G. Short 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 BRENDA G. SHORT, 11 Plaintiff, 12 13 14 15 vs. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:15-cv-01174-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) 17 18 19 20 21 22 23 24 25 26 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 Brenda G. Short be awarded attorney fees in the amount of THREE THOUSAND TWO HUNDRED dollars ($3,200) 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). -1- 1 After the Court issues an order for EAJA fees to Brenda G. Short, the 2 government will consider the matter of Brenda G. Short's assignment of EAJA fees 3 to Brian C. Shapiro. The retainer agreement containing the assignment is attached 4 as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability 5 to honor the assignment will depend on whether the fees are subject to any offset 6 allowed under the United States Department of the Treasury's Offset 7 Program. After the order for EAJA fees is entered, the government will determine 8 whether they are subject to any offset. Fees shall be made payable to Brenda G. Short, but if the Department of the 9 10 Treasury determines that Brenda G. Short does not owe a federal debt, then the 11 government shall cause the payment of fees, expenses and costs to be made 12 directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment 13 executed by Brenda G. Short.1 Any payments made shall be delivered to Brian C. 14 Shapiro. This stipulation constitutes a compromise settlement of Brenda G. Short's 15 16 request for EAJA attorney fees, and does not constitute an admission of liability on 17 the part of Defendant under the EAJA or otherwise. Payment of the agreed amount 18 shall constitute a complete release from, and bar to, any and all claims that Brenda 19 G. Short and/or Brian C. Shapiro including Law Offices of Lawrence D. Rohlfing 20 may have relating to EAJA attorney fees in connection with this action. This award is without prejudice to the rights of Brian C. Shapiro and/or the 21 22 Law Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees 23 under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 24 25 1 26 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. -2- 1 DATE: October 7, 2016 Respectfully submitted, LAW OFFICES OF LAWRENCE D. ROHLFING 2 /s/ Brian C. Shapiro BY: __________________ Brian C. Shapiro Attorney for plaintiff Brenda G. Short 3 4 5 6 DATED: October 7, 2016 PHILLIP A. TALBERT Acting United States Attorney 7 /s/ Jean M. Turk 8 JEAN M. TURK Special Assistant United States Attorney Attorneys for Defendant Carolyn W. Colvin, Acting Commissioner of Social Security (Per e-mail authorization) 9 10 11 12 13 14 15 16 ORDER Approved and so ordered. DATED: October 13, 2016 17 18 19 20 21 22 23 24 25 26 -3-

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