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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Laura E. Krank
Attorney at Law: 220208
Law Offices of Rohlfing & Kalagian, LLP
211 East Ocean Boulevard, Suite 420
Long Beach, CA 90802
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Daniel Edward James

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DANIEL EDWARD JAMES,

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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-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

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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).

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After the Court issues an order for EAJA fees to Daniel Edward James, the

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government will consider the matter of Daniel Edward James's assignment of

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EAJA fees to Laura E. Krank. 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 Daniel Edward James, but if the Department

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of the Treasury determines that Daniel Edward James does not owe a federal debt,

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then the government shall cause the payment of fees, expenses and costs to be

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made directly to Law Offices of Rohlfing & Kalagian, LLP, pursuant to the

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assignment executed by Daniel Edward James.1 Any payments made shall be

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delivered to Laura E. Krank.
This stipulation constitutes a compromise settlement of Daniel Edward

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James'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 Daniel Edward James and/or Laura E. Krank including Law Offices of

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Rohlfing & Kalagian, LLP 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 Laura E. Krank and/or the

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Law Offices of Rohlfing & Kalagian, LLP to seek Social Security Act attorney

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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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fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the

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EAJA.
DATE: June 29, 2017

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Respectfully submitted,
LAW OFFICES OF ROHLFING & KALAGIAN, LLP

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/s/ Laura E. Krank
BY: __________________
Laura E. Krank
Attorney for plaintiff Daniel Edward James

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DATED: June 29, 2017

PHILLIP A. TALBERT
Acting United States Attorney

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/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)

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ORDER

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Approved and so ordered:
DATE: July 10, 2017

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