Moore v. Commissioner of Social Security

Filing 28

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 5/10/2018 ORDERING that Aaron P. Moore be awarded attorney fees and expenses in the amount of $4,000.00 under the Equal Access to Justice Act. (Hunt, G)

1
2
3
4
5
6

Steven G. Rosales
Attorney at Law: 222224
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
Aaron P. Moore

7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA
9
10

AARON P. MOORE,

11
Plaintiff,
12
13
14
15

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

16

)
)
)
)
)
)
)
)
)
)
)
)

No. 2:16-cv-00986-DB
STIPULATION 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 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 Aaron P. Moore 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),
and no costs under 28 U.S.C. § 1920. 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 Aaron P. Moore, the

2

government will consider the matter of Aaron P. Moore's assignment of EAJA fees

3

to Steven G. Rosales. 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 Aaron P. Moore, but if the Department of the

10

Treasury determines that Aaron P. Moore does not owe a federal debt, then the

11

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

12

directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment

13

executed by Aaron P. Moore. 1 Any payments made shall be delivered to Steven G.

14

Rosales.

15

This stipulation constitutes a compromise settlement of Aaron P. Moore's

16

request for EAJA attorney fees, and does not constitute an admission of liability on

17

the part of Defendant under the EAJA or otherwise. Payment of the agreed amount

18

shall constitute a complete release from, and bar to, any and all claims that Aaron

19

P. Moore and/or Steven G. Rosales including Law Offices of Lawrence D.

20

Rohlfing may have relating to EAJA attorney fees in connection with this action.

21

This award is without prejudice to the rights of Steven G. Rosales and/or the

22

Law Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees

23

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

24
25
26

1

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
2

DATE: November 30, 2017

Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING

3

/s/ Steven G. Rosales
BY: __________________
Steven G. Rosales
Attorney for plaintiff Aaron P. Moore

4
5
6
7

DATED: December 8, 2017

8

PHILLIP A. TALBERT
United States Attorney
/s/ Michael K. Marriott

9

MICHAEL K. MARRIOTT
Special Assistant United States Attorney
Attorneys for Defendant Nancy A. Berryhill,
Acting Commissioner of Social Security
(Per e-mail authorization)

10
11
12

ORDER

13
14
15
16

Pursuant to the parties’ stipulation, IT IS SO ORDERED.
DATED: May 10, 2018

/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
-3-

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26