Mitchener v. Commissioner of Social Security

Filing 27

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/25/2018 GRANTING the parties through their undersigned counsel, that Richard Mitchener be awarded attorney fees in the amount of $3,900.00 under the Equal Access to Justice Act, 28:2412(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 28:1920; 2412(d). (Reader, L)

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1 2 3 4 Laura E. Krank Attorney at Law: 220208 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: rohlfing.kalagian@rksslaw.com 5 6 Attorneys for Plaintiff Richard Mitchener 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 RICHARD MITCHENER, 11 Plaintiff, 12 vs. 13 14 15 NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:16-cv-1885-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) 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 Richard Mitchener be awarded attorney fees in the amount of Three Thousand Nine Hundred dollars ($3,900.00) 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 Richard Mitchener, the 2 government will consider the matter of Richard Mitchener's assignment of EAJA 3 fees to Laura E. Krank. 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 Richard Mitchener, but if the Department of 10 the Treasury determines that Richard Mitchener does not owe a federal debt, then 11 the government shall cause the payment of fees, expenses and costs to be made 12 directly to Law Offices of Rohlfing & Kalagian, LLP, pursuant to the assignment 13 executed by Richard Mitchener.1 Any payments made shall be delivered to Laura 14 E. Krank. 15 This stipulation constitutes a compromise settlement of Richard Mitchener'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 Richard 19 Mitchener and/or Laura E. Krank including Law Offices of Rohlfing & Kalagian, 20 LLP may have relating to EAJA attorney fees in connection with this action. This award is without prejudice to the rights of Laura E. Krank and/or the 21 22 Law Offices of Rohlfing & Kalagian, LLP to seek Social Security Act attorney 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 fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 2 EAJA. 3 DATE: May 25, 2018 Respectfully submitted, 4 ROHLFING & KALAGIAN, LLP 5 /s/ Laura E. Krank BY: __________________ Laura E. Krank Attorney for plaintiff Richard Mitchener 6 7 8 DATED: May 25, 2018 9 MCGREGOR W. SCOTT United States Attorney 10 /s/ Margaret I. Branick-Abilla 11 MARGARET I. BRANICK-ABILLA Special Assistant United States Attorney Attorneys for Defendant NANCY A. BERRYHILL, Acting Commissioner of Social Security (Per e-mail authorization) 12 13 14 15 16 ORDER 17 18 19 Approved and so ordered. DATED: June 25, 2018. 20 21 22 23 24 25 26 -3-

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