Sanders v. Commissioner of Social Security

Filing 26

STIPULATION and ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES signed by Magistrate Judge Kendall J. Newman on 8/30/18. The court makes no finding with respect to footnote 1 in the stipulation.(Mena-Sanchez, L)

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Denise Bourgeois Haley
Attorney at Law: 143709
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
Darrell Curtis Sanders

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DARRELL CURTIS SANDERS,

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Plaintiff,

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

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Defendant.
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Case No.: 2:17-cv-00605-KJN
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 KENDALL J. NEWMAN, 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 Darrell Curtis

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Sanders be awarded attorney fees in the amount of Three Thousand Seven

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Hundred dollars ($3,700.00) including expenses in the amount of seventeen dollars

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($17.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and

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costs in the amount of none dollars under 28 U.S.C. § 1920. 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 Darrell Curtis Sanders, the

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government will consider the matter of Darrell Curtis Sanders's assignment of

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EAJA fees to Denise Bourgeois Haley. 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 Darrell Curtis Sanders, but if the Department

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of the Treasury determines that Darrell Curtis Sanders 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 Darrell Curtis Sanders.1 Any payments made shall be delivered to

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Denise Bourgeois Haley.

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This stipulation constitutes a compromise settlement of Darrell Curtis

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Sanders'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 Darrell Curtis Sanders and/or Denise Bourgeois Haley including Law

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Offices of Lawrence D. Rohlfing may have relating to EAJA attorney fees in

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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 Denise Bourgeois Haley

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and/or the Law Offices of Lawrence D. Rohlfing to seek Social Security Act

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attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of

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the EAJA.

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DATE: August 29, 2018

LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Denise Bourgeois Haley
BY: __________________
Denise Bourgeois Haley
Attorney for plaintiff Darrell Curtis Sanders

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Respectfully submitted,

DATED:August 29, 2018

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MCGREGOR W. SCOTT
United States Attorney
Deborah Lee Stachel
Regional Chief Counsel, Region IX
/s/ Marcelo N. Illarmo

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MARCELO N. ILLARMO
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
APPROVED and SO ORDERED, except that the court makes no finding
with respect to footnote 1 in the stipulation.

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Dated: August 30, 2018

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