Macdonald v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER for the award and payment of Attorney fees and expenses signed by Magistrate Judge Edmund F. Brennan on 11/16/17. (Mena-Sanchez, L)

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Marc V. Kalagian
Attorney at Law: 149034
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
Patrick J. MacDonald

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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PATRICK J. MACDONALD,

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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.: 2:16-cv-01046-EFB
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 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 Patrick J.
MacDonald be awarded attorney fees in the amount of Two Thousand Seven
Hundred Fifty dollars ($2,750.00) 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 Patrick J. MacDonald, the

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government will consider the matter of Patrick J. MacDonald's assignment of

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EAJA fees to Marc V. Kalagian. The retainer agreement containing the

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assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521,

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2529 (2010), the ability to honor the assignment will depend on whether the fees

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are subject to any offset allowed under the United States Department of the

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Treasury's Offset Program. After the order for EAJA fees is entered, the

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government will determine whether they are subject to any offset.

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Fees shall be made payable to Patrick J. MacDonald, but if the Department

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of the Treasury determines that Patrick J. MacDonald 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 Patrick J. MacDonald.1 Any payments made shall be

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delivered to Marc V. Kalagian.
This stipulation constitutes a compromise settlement of Patrick J.

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MacDonald'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 Patrick J. MacDonald and/or Marc V. Kalagian including Law Offices

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of Rohlfing & Kalagian, LLP may have relating to EAJA attorney fees in

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connection with this action.
This award is without prejudice to the rights of Marc V. Kalagian 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: November 13, 2017

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Respectfully submitted,

LAW OFFICES OF ROHLFING & KALAGIAN, LLP
/s/ Marc V. Kalagian
BY: __________________
Marc V. Kalagian
Attorney for plaintiff Patrick J. MacDonald

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DATED: November 13, 2017 PHILLIP A. TALBERT
United States Attorney

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/s/ Sundeep Patel
BY:
SUNDEEP PATEL
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
Approved and so ordered.
DATED: November 16, 2017.

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