Wartner v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 11/26/2018 ORDERING that Pamela K. Wartner is awarded attorney fees in the amount of Three Thousand dollars ($3,000)) 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). (Becknal, R)

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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]

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Attorneys for Plaintiff
Pamela K. Wartner

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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PAMELA K. WARTNER,
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Plaintiff,
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vs.
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NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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Defendant.

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No. 2:17-cv-00387-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 Pamela K. Wartner

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be awarded attorney fees in the amount of THREE THOUSAND dollars ($3,000))

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under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount

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represents compensation for all legal services rendered on behalf of Plaintiff by

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counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920;

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2412(d).

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After the Court issues an order for EAJA fees to Pamela K. Wartner, the

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government will consider the matter of Pamela K. Wartner's assignment of EAJA

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

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

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the ability to honor the assignment will depend on whether the fees are subject to

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any offset 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 Pamela K. Wartner, but if the Department of

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the Treasury determines that Pamela K. Wartner does not owe a federal debt, then

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the 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 Pamela K. Wartner.1 Any payments made shall be delivered to Brian

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C. Shapiro.

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This stipulation constitutes a compromise settlement of Pamela K.

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Wartner's request for EAJA attorney fees, and does not constitute an admission of

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liability on the part of Defendant under the EAJA or otherwise. Payment of the

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agreed amount shall constitute a complete release from, and bar to, any and all

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claims that Pamela K. Wartner and/or Brian C. Shapiro including Law Offices of

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Lawrence D. Rohlfing may have relating to EAJA attorney fees in connection with

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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 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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DATE: November 19, 2018

LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Brian C. Shapiro
BY: __________________
Brian C. Shapiro
Attorney for plaintiff Pamela K. Wartner

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Respectfully submitted,

DATE: November 19, 2018 MCGREGOR W. SCOTT
United States Attorney
EDWARD A. OLSEN
Assistant United States Attorney
Chief, Civil Division

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/s/ Carolyn B. Chen

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CAROLYN B. CHEN
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: November 26, 2018

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DLB:6
DB\orders\orders.soc sec\wartner0387.stip.eaja.ord

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