Fredericks v. Commissioner of Social Security

Filing 24

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 5/15/2017 ORDERING that Edward Erin Fredericks be awarded attorney fees in the amount of $3,600 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). (Zignago, K.)

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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
Edward Erin Fredericks

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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EDWARD ERIN FREDERICKS,

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

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Case No.: 2:15-cv-02548-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 Edward Erin
Fredericks be awarded attorney fees in the amount of THREE THOUSAND SIX
HUNDRED dollars ($3,600) 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 Edward Erin Fredericks,

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the government will consider the matter of Edward Erin Fredericks's assignment of

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

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is 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 Edward Erin Fredericks, but if the

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Department of the Treasury determines that Edward Erin Fredericks does not owe

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a federal debt, then the government shall cause the payment of fees, expenses and

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costs to be made directly to Law Offices of Lawrence D. Rohlfing, pursuant to the

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assignment executed by Edward Erin Fredericks.1 Any payments made shall be

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delivered to Brian C. Shapiro.

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This stipulation constitutes a compromise settlement of Edward Erin

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Fredericks's request for EAJA attorney fees, and does not constitute an admission

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of 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 Edward Erin Fredericks and/or Brian C. Shapiro including Law Offices

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

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with this action.
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: May 10, 2017

Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Brian C. Shapiro
BY: __________________
Brian C. Shapiro
Attorney for plaintiff Edward Erin Fredericks

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DATED: May 10, 2017

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PHILLIP A. TALBERT
Acting United States Attorney

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/s/ Jeffrey T. Chen

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JEFFREY T. CHEN
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

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Approved and so ordered.
DATED: May 15, 2017.

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