Wullenwaber v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 3/6/19 AWARDING Plaintiff attorney fees and expenses in the amount of $3,100.00 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. (Kastilahn, A)

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Steven G. Rosales
Attorney at Law: 222224
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]

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Attorneys for Plaintiff
Debbie Wullenwaber

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEBBIE WULLENWABER,

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

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Defendant.
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No. 2:17-cv-00200-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) AND COSTS PURSUANT
TO 28 U.S.C. § 1920

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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 Debbie

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Wullenwaber be awarded attorney fees and expenses in the amount of THREE

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THOUSAND ONE HUNDRED dollars ($3,100.00) under the Equal Access to

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Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920.

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This amount represents compensation for all legal services rendered on behalf of

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Plaintiff by counsel in connection with this civil action, in accordance with 28

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U.S.C. §§ 1920; 2412(d).

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After the Court issues an order for EAJA fees to Debbie Wullenwaber, the

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government will consider the matter of Debbie Wullenwaber's assignment of

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EAJA fees to Steven G. Rosales. 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 Debbie Wullenwaber, but if the Department

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of the Treasury determines that Debbie Wullenwaber 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 Lawrence D. Rohlfing, pursuant to the assignment

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executed by Debbie Wullenwaber.1 Any payments made shall be delivered to

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Steven G. Rosales.

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This stipulation constitutes a compromise settlement of Debbie

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Wullenwaber's request for EAJA attorney fees, and does not constitute an

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admission of liability on the part of Defendant under the EAJA or

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otherwise. Payment of the agreed amount shall constitute a complete release from,

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and bar to, any and all claims that Debbie Wullenwaber and/or Steven G. Rosales

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including Law Offices of Lawrence D. Rohlfing may have relating to EAJA

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attorney fees in connection with this action.

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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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This award is without prejudice to the rights of Steven G. Rosales 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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DATE: October 8, 2018

LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Steven G. Rosales
BY: __________________
Steven G. Rosales
Attorney for plaintiff Debbie Wullenwaber

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Respectfully submitted,

DATED: October 30, 2018
NICOLA T. HANNA
United States Attorney
DAVID M. HARRIS
Assistant United States Attorney
Chief, Civil Division
CEDINA M. KIM
Assistant United States Attorney
Senior Litigation Counsel, Civil Division
/s/ Annabelle J. Yang
ANNABELLE J. YANG
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
Pursuant to the parties’ stipulation, IT IS SO ORDERED.
Dated: March 6, 2019

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DLB:6
DB\orders\orders.soc sec\wullenwaber0200.stip.eaja.ord