Spagel v. Commissioner of Social Security

Filing 26

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 5/17/2018 ORDERING that Joshua Spagel is awarded attorney fees and expenses in the amount of two thousand five hundred dollars ($2,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. (Zignago, K.)

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Cyrus Safa
Attorney at Law: 282971
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
Joshua Spagel

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOSHUA SPAGEL,
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Plaintiff,
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vs.
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NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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Case No.: 2:17-cv-00839-AC
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) AND
COSTS PURSUANT TO 28 U.S.C. §
1920

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TO THE HONORABLE ALLISON CLAIRE, 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 Joshua Spagel be
awarded attorney fees and expenses in the amount of two thousand five hundred
dollars ($2,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. §
2412(d), and no costs under 28 U.S.C. § 1920. This amount represents

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compensation for all legal services rendered on behalf of Plaintiff by counsel in

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connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d).

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After the Court issues an order for EAJA fees to Joshua Spagel, the

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government will consider the matter of Joshua Spagel's assignment of EAJA fees

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to Cyrus Safa. The retainer agreement containing the assignment is attached as

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

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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 Program.

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After the order for EAJA fees is entered, the government will determine whether

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they are subject to any offset.

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Fees shall be made payable to Joshua Spagel, but if the Department of the

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Treasury determines that Joshua Spagel 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 Joshua Spagel.1 Any payments made shall be delivered to Cyrus Safa.
This stipulation constitutes a compromise settlement of Joshua Spagel'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 Joshua

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Spagel and/or Cyrus Safa including Law Offices of Lawrence D. Rohlfing may

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have relating to EAJA 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 Cyrus Safa and/or the Law

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

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

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DATE: May 16, 2018

LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Cyrus Safa
BY: __________________
Cyrus Safa
Attorney for plaintiff Joshua Spagel

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Respectfully submitted,

DATE: May 16, 2018

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McGREGOR W. SCOTT
United States Attorney

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/s/ Jennifer A. Kenney

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JENNIFER A. KENNEY
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:
DATE: May 17, 2018

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