James v. Commissioner of Social Security

Filing 31

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 7/10/2017 ORDERING that Daniel Edward James be awarded attorney fees in the amount of three-thousand, five-hundred dollars ($3,500.00) under the Equal Access to Justice Act (EAJA).(Washington, S)

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1 2 3 4 5 6 Laura E. Krank Attorney at Law: 220208 Law Offices of Rohlfing & Kalagian, LLP 211 East Ocean Boulevard, Suite 420 Long Beach, CA 90802 Tel.: (562) 437-7006 Fax: (562) 432-2935 E-mail: rohlfing.kalagian@rksslaw.com Attorneys for Plaintiff Daniel Edward James 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 DANIEL EDWARD JAMES, 11 Plaintiff, 12 13 14 15 vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:15-cv-02717-AC STIPULATION AND PROPOSED 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 17 18 19 20 21 22 23 24 25 26 TO THE HONORABLE ALLISON CLAIRE, 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 Daniel Edward James be awarded attorney fees in the amount of three-thousand, five-hundred dollars ($3,500.00) 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). -1- 1 After the Court issues an order for EAJA fees to Daniel Edward James, the 2 government will consider the matter of Daniel Edward James's assignment of 3 EAJA fees to Laura E. Krank. The retainer agreement containing the assignment is 4 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 Daniel Edward James, but if the Department 10 of the Treasury determines that Daniel Edward James does not owe a federal debt, 11 then the government shall cause the payment of fees, expenses and costs to be 12 made directly to Law Offices of Rohlfing & Kalagian, LLP, pursuant to the 13 assignment executed by Daniel Edward James.1 Any payments made shall be 14 delivered to Laura E. Krank. This stipulation constitutes a compromise settlement of Daniel Edward 15 16 James's request for EAJA attorney fees, and does not constitute an admission of 17 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 Daniel Edward James and/or Laura E. Krank including Law Offices of 20 Rohlfing & Kalagian, LLP may have relating to EAJA attorney fees in connection 21 with this action. This award is without prejudice to the rights of Laura E. Krank and/or the 22 23 Law Offices of Rohlfing & Kalagian, LLP to seek Social Security Act attorney 24 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 fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 2 EAJA. DATE: June 29, 2017 3 Respectfully submitted, LAW OFFICES OF ROHLFING & KALAGIAN, LLP 4 /s/ Laura E. Krank BY: __________________ Laura E. Krank Attorney for plaintiff Daniel Edward James 5 6 7 8 DATED: June 29, 2017 PHILLIP A. TALBERT Acting United States Attorney 9 /s/ Jennifer A. Kenney BY: JENNIFER A. KENNEY 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: DATE: July 10, 2017 18 19 20 21 22 23 24 25 26 -3-

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