Rosales v. Commissioner of Social Security

Filing 21

STIPULATION and ORDER awarding Plaintiff attorney fees pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412(d) signed by Magistrate Judge Deborah Barnes on 8/31/17. (Kaminski, H)

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Brian C. Shapiro
Attorney at Law: 192789
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
Andrew Rosales

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ANDREW ROSALES,

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

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No. 2:16-cv-01497-DB
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)

TO THE HONORABLE DEBORAH BARNES, MAGISTRATE JUDGE
OF THE DISTRICT COURT:
IT IS HEREBY STIPULATED, by and between the parties through their

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undersigned counsel, subject to the approval of the Court, that Andrew Rosales be

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awarded attorney fees in the amount of THREE THOUSAND NINE HUNDRED

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dollars ($3900) under the Equal Access to Justice Act (EAJA), 28 U.S.C. §

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2412(d). This amount represents compensation for all legal services rendered on

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behalf of Plaintiff by counsel in connection with this civil action, in accordance

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with 28 U.S.C. §§ 1920; 2412(d).

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After the Court issues an order for EAJA fees to Andrew Rosales, the

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government will consider the matter of Andrew Rosales's assignment of EAJA fees

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to Brian C. Shapiro. The retainer agreement containing the assignment is attached

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as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability

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to honor the assignment will depend on whether the fees are subject to any offset

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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 Andrew Rosales, but if the Department of the

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Treasury determines that Andrew Rosales does not owe a federal debt, then the

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

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

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executed by Andrew Rosales.1 Any payments made shall be delivered to Brian C.

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Shapiro.

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This stipulation constitutes a compromise settlement of Andrew Rosales's

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

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

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

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Rosales and/or Brian C. Shapiro including Law Offices of Lawrence D. Rohlfing

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

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This award is without prejudice to the rights of Brian C. Shapiro and/or the

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

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under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
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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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DATE: August 29, 2017

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LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Brian C. Shapiro
BY: __________________
Brian C. Shapiro
Attorney for plaintiff Andrew Rosales

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Respectfully submitted,

DATED: August 29, 2017

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PHILLIP A. TALBERT
Acting United States Attorney

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/s/ Ben A. Porter

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BEN A. PORTER
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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Pursuant to the parties’ stipulation, IT IS SO ORDERED.
Dated: August 31, 2017

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DLB:6
DB\orders\orders.soc sec\rosales1497.stip.eaja.ord

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