Curl v. Commissioner of Social Security

Filing 28

STIPULATION and ORDER for the award and payment of attorney fees and expenses signed by Magistrate Judge Deborah Barnes on 6/20/17. (Mena-Sanchez, L)

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Monica Perales
Attorney at Law: 297739
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
Michael Wade Curl

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL WADE CURL,

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Plaintiff,
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vs.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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No. 2:15-cv-02088-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

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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
undersigned counsel, subject to the approval of the Court, that Michael Wade Curl
be awarded attorney fees and expenses in the amount of four thousand dollars
($4,000.00) 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 Michael Wade Curl, the

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government will consider the matter of Michael Wade Curl's assignment of EAJA

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fees to Monica Perales. 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 Michael Wade Curl, but if the Department of

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the Treasury determines that Michael Wade Curl 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 Michael Wade Curl.1 Any payments made shall be delivered to

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Monica Perales.

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This stipulation constitutes a compromise settlement of Michael Wade

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Curl'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 Michael Wade Curl and/or Monica Perales including Law Offices of

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Lawrence D. Rohlfing may have relating to EAJA attorney fees in connection with

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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 Monica Perales 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.
DATE: June 5, 2017
Respectfully submitted,

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LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Monica Perales
BY: __________________
Monica Perales
Attorney for plaintiff Michael Wade Curl

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DATED: June 5, 2017
PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel Region IX
Social Security Administration

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/s/ Jennifer A. Kenney

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JENNIFER A. KENNEY
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
Pursuant to the parties’ stipulation, IT IS SO ORDERED.
Dated: June 20, 2017

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DLB:6
DB\orders\orders.soc sec\maxwell0705.stip.eaja.ord

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