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)

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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.: (562)868-5886 Fax: (562)868-8868 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-

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