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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1 2 3 4 5 6 Marc V. Kalagian Attorney at Law: 149034 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: Attorneys for Plaintiff Patrick J. MacDonald 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 PATRICK J. MACDONALD, 11 Plaintiff, 12 13 14 15 vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) ) 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 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 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). -1- 1 After the Court issues an order for EAJA fees to Patrick J. MacDonald, the 2 government will consider the matter of Patrick J. MacDonald's assignment of 3 EAJA fees to Marc V. Kalagian. The retainer agreement containing the 4 assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 5 2529 (2010), the ability to honor the assignment will depend on whether the fees 6 are subject to any offset allowed under the United States Department of the 7 Treasury's Offset Program. After the order for EAJA fees is entered, the 8 government will determine whether they are subject to any offset. 9 Fees shall be made payable to Patrick J. MacDonald, but if the Department 10 of the Treasury determines that Patrick J. MacDonald 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 Patrick J. MacDonald.1 Any payments made shall be 14 delivered to Marc V. Kalagian. This stipulation constitutes a compromise settlement of Patrick J. 15 16 MacDonald'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 Patrick J. MacDonald and/or Marc V. Kalagian including Law Offices 20 of Rohlfing & Kalagian, LLP may have relating to EAJA attorney fees in 21 connection with this action. This award is without prejudice to the rights of Marc V. Kalagian and/or the 22 23 Law Offices of Rohlfing & Kalagian, LLP to seek Social Security Act attorney 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 fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 2 EAJA. DATE: November 13, 2017 3 4 5 6 Respectfully submitted, LAW OFFICES OF ROHLFING & KALAGIAN, LLP /s/ Marc V. Kalagian BY: __________________ Marc V. Kalagian Attorney for plaintiff Patrick J. MacDonald 7 8 DATED: November 13, 2017 PHILLIP A. TALBERT United States Attorney 9 10 11 12 13 /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) 14 15 16 17 18 ORDER Approved and so ordered. DATED: November 16, 2017. 19 20 21 22 23 24 25 26 -3-

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