Beyer v. Commissioner of Social Security

Filing 26

STIPULATION and ORDER for the award and payment of attorney fees and expenses signed by Magistrate Judge Deborah Barnes on 3/16/17. (Mena-Sanchez, L)

1
2
3
4
5
6

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]
Attorneys for Plaintiff
Kenneth A. Beyer

7
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12

KENNETH A. BEYER,

13

Plaintiff,

14

vs.
NANCY A. BERRYHILL,1 Acting
Commissioner of Social Security,

15
16

Defendant.
17

)
)
)
)
)
)
)
)
)
)
)
)

No. 2:15-cv-01306-DB
STIPULATION AND 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

18
19
20

TO THE HONORABLE DEBORAH BARNES, MAGISTRATE JUDGE
OF THE UNITED STATES DISTRICT COURT:

21
22

IT IS HEREBY STIPULATED, by and between the parties through their
undersigned counsel, subject to the approval of the Court, that Kenneth A. Beyer

23
1

24
25
26
27
28

Nancy A. Berryhill is now the Acting Commissioner of Social
Security. Pursuant to Rule 25(d) of F.R.C.P., Nancy A. Berryhill should be
substituted for Acting Commissioner Carolyn W. Colvin as the defendant in this
suit. No further action needs to be taken to continue this suit by reason of the last
sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
-1-

1

be awarded attorney fees in the amount of four thousand two hundred dollars

2

($4,200.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d),

3

and costs in the amount of four hundred dollars ($400.00) under 28 U.S.C. § 1920.

4

This amount represents compensation for all legal services rendered on behalf of

5

Plaintiff by counsel in connection with this civil action, in accordance with 28

6

U.S.C. §§ 1920; 2412(d).

7

After the Court issues an order for EAJA fees to Kenneth A. Beyer, the

8

government will consider the matter of Kenneth A. Beyer's assignment of EAJA

9

fees to Young Cho. The retainer agreement containing the assignment is attached

10

as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability

11

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

12

allowed under the United States Department of the Treasury's Offset

13

Program. After the order for EAJA fees is entered, the government will determine

14

whether they are subject to any offset.

15

Fees shall be made payable to Kenneth A. Beyer, but if the Department of

16

the Treasury determines that Kenneth A. Beyer does not owe a federal debt, then

17

the government shall cause the payment of fees, expenses and costs to be made

18

directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment

19

executed by Kenneth A. Beyer.2 Any payments made shall be delivered to Young

20

Cho.

21

This stipulation constitutes a compromise settlement of Kenneth A. Beyer's

22

request for EAJA attorney fees, and does not constitute an admission of liability on

23

the part of Defendant under the EAJA or otherwise. Payment of the agreed amount

24
25
26
27
28

2

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

shall constitute a complete release from, and bar to, any and all claims that

2

Kenneth A. Beyer and/or Young Cho including Law Offices of Lawrence D.

3

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

4

This award is without prejudice to the rights of Young Cho and/or the Law

5

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

6

42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

7

DATE: March 16, 2017

LAW OFFICES OF LAWRENCE D. ROHLFING

8

/s/ Young Cho
BY: __________________
Young Cho
Attorney for plaintiff Kenneth A. Beyer

9
10
11
12

Respectfully submitted,

DATE: March 16, 2017

13
14

PHILLIP A. TALBERT
Acting United States Attorney
/s/ Roya Massoumi

15

ROYA MASSOUMI
Special Assistant United States Attorney
Attorneys for Defendant NANCY A.
BERRYHILL, Acting Commissioner of Social
Security (Per e-mail authorization)

16
17
18

ORDER

19
20
21

Pursuant to the parties’ stipulation, IT IS SO ORDERED.
Dated: March 16, 2017

22
23
24
25
26
27
28

-3-