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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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 Edward Erin Fredericks 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 EDWARD ERIN FREDERICKS, 11 Plaintiff, 12 13 14 15 vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) ) 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) 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 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). -1- 1 After the Court issues an order for EAJA fees to Edward Erin Fredericks, 2 the government will consider the matter of Edward Erin Fredericks's assignment of 3 EAJA fees to Brian C. Shapiro. The retainer agreement containing the assignment 4 is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), 5 the ability to honor the assignment will depend on whether the fees are subject to 6 any offset 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. 9 Fees shall be made payable to Edward Erin Fredericks, but if the 10 Department of the Treasury determines that Edward Erin Fredericks does not owe 11 a federal debt, then the government shall cause the payment of fees, expenses and 12 costs to be made directly to Law Offices of Lawrence D. Rohlfing, pursuant to the 13 assignment executed by Edward Erin Fredericks.1 Any payments made shall be 14 delivered to Brian C. Shapiro. 15 This stipulation constitutes a compromise settlement of Edward Erin 16 Fredericks's request for EAJA attorney fees, and does not constitute an admission 17 of liability on the part of Defendant under the EAJA or otherwise. Payment of the 18 agreed amount shall constitute a complete release from, and bar to, any and all 19 claims that Edward Erin Fredericks and/or Brian C. Shapiro including Law Offices 20 of Lawrence D. Rohlfing may have relating to EAJA attorney fees in connection 21 with this action. This award is without prejudice to the rights of Brian C. Shapiro and/or the 22 23 Law Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees 24 under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 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: May 10, 2017 Respectfully submitted, LAW OFFICES OF LAWRENCE D. ROHLFING 2 /s/ Brian C. Shapiro BY: __________________ Brian C. Shapiro Attorney for plaintiff Edward Erin Fredericks 3 4 5 6 DATED: May 10, 2017 7 PHILLIP A. TALBERT Acting United States Attorney 8 /s/ Jeffrey T. Chen 9 JEFFREY T. CHEN Special Assistant United States Attorney Attorneys for Defendant NANCY A. BERRYHILL, Acting Commissioner of Social Security (Per e-mail authorization) 10 11 12 13 14 ORDER 15 16 17 Approved and so ordered. DATED: May 15, 2017. 18 19 20 21 22 23 24 25 26 -3-

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