Intharinh v. Commissioner of Social Security

Filing 27

STIPULATION AND ORDER signed by Magistrate Judge Craig M. Kellison on 9/11/2017 AWARDING the plaintiff $3,000.00 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). (Michel, G.)

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1 2 3 4 5 6 Young Cho Attorney at Law: 189870 Law Offices of Lawrence D. Rohlfing 12631 East Imperial Highway, Suite C-115 Santa Fe Springs, CA 90670 Tel.: (562) 868-5886 Fax: (562) 868-8868 E-mail: Attorneys for Plaintiff Jasmine Suzi Intharinh 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 14 JASMINE SUZI INTHARINH, 15 Plaintiff, 16 vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, 17 18 Defendant. 19 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:16-cv-01236-CMK STIPULATION AND 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 20 21 22 23 TO THE HONORABLE CRAIG M. KELLISON, MAGISTRATE JUDGE OF THE DISTRICT COURT: IT IS HEREBY STIPULATED, by and between the parties through their 24 undersigned counsel, subject to the approval of the Court, that Jasmine Suzi 25 Intharinh be awarded attorney fees in the amount of three thousand dollars 26 ($3,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). -1- 1 This amount represents compensation for all legal services rendered on behalf of 2 Plaintiff by counsel in connection with this civil action, in accordance with 28 3 U.S.C. §§ 1920; 2412(d). 4 After the Court issues an order for EAJA fees to Jasmine Suzi Intharinh, the 5 government will consider the matter of Jasmine Suzi Intharinh's assignment of 6 EAJA fees to Young Cho. The retainer agreement containing the assignment is 7 attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), 8 the ability to honor the assignment will depend on whether the fees are subject to 9 any offset allowed under the United States Department of the Treasury's Offset 10 Program. After the order for EAJA fees is entered, the government will determine 11 whether they are subject to any offset. 12 Fees shall be made payable to Jasmine Suzi Intharinh, but if the Department 13 of the Treasury determines that Jasmine Suzi Intharinh does not owe a federal debt, 14 then the government shall cause the payment of fees, expenses and costs to be 15 made directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment 16 executed by Jasmine Suzi Intharinh. 1 Any payments made shall be delivered to 17 Young Cho. 18 This stipulation constitutes a compromise settlement of Jasmine Suzi 19 Intharinh's request for EAJA attorney fees, and does not constitute an admission of 20 liability on the part of Defendant under the EAJA or otherwise. Payment of the 21 agreed amount shall constitute a complete release from, and bar to, any and all 22 claims that Jasmine Suzi Intharinh and/or Young Cho including Law Offices of 23 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 Lawrence D. Rohlfing may have relating to EAJA attorney fees in connection with 2 this action. 3 This award is without prejudice to the rights of Young Cho and/or the Law 4 Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under 5 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. DATE: September 5, 2017 Respectfully submitted, 6 LAW OFFICES OF LAWRENCE D. ROHLFING 7 /s/ Young Cho BY: __________________ Young Cho Attorney for plaintiff Jasmine Suzi Intharinh 8 9 10 11 DATE: September 5, 2017 PHILLIP A. TALBERT Acting United States Attorney 12 /s/ Michael K. Marriott* 13 MICHAEL K. MARRIOTT Special Assistant United States Attorney Attorneys for Defendant NANCY A. BERRYHILL, Acting Commissioner of Social Security (*Per e-mail authorization by Jeffrey T. Chen, Assistant Regional Counsel) 14 15 16 17 18 19 20 ORDER Approved and so ordered: 21 22 Dated: September 11, 2017 23 24 ___________________________________ 25 26 -3- PROOF OF SERVICE 3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 4 the age of 18 and not a party to the within action. My business address is 12631 5 East Imperial Highway, Suite C-115, Santa Fe Springs, California 90670. 6 On this day of September 5, 2017, I served the foregoing document 1 2 I am employed in the county of Los Angeles, State of California. I am over 7 described as STIPULATION FOR THE AWARD AND PAYMENT OF 8 ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS 9 TO JUSTICE ACT, 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. 10 § 1920 on the interested parties in this action by placing a true copy thereof 11 enclosed in a sealed envelope addressed as follows: Ms. Jasmine Suzi Intharinh 751 Mussel Shoals Ave Shasta Lake, CA 96019 12 13 14 15 16 17 18 I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at Santa Fe Springs, California. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. I declare that I am employed in the office of a member of this court at whose 19 direction the service was made. 20 Young Cho ___ 21 TYPE OR PRINT NAME 22 23 24 25 26 /s/ Young Cho____________ SIGNATURE

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