Alvarado v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/12/2018 ORDERING Nicolas Antonio Alvarado be awarded attorney fees and expenses in the amount of Two Thousand Nine Hundred dollars ($2,900.00)) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). (Zignago, K.)

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]
Attorneys for Plaintiff
Nicolas Antonio Alvarado

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
NICOLAS ANTONIO ALVARADO, )
)
)
Plaintiff,
)
)
vs.
)
NANCY A. BERRYHILL, DEPUTY )
COMMISSIONER FOR
)
OPERATIONS,
)
PERFORMING THE DUTIES AND )
FUNCTIONS NOT RESERVED
)
TO THE COMMISSIONER OF
)
SOCIAL SECURITY,
)
)
)
Defendant.

Case No. 2:17-cv-01519 CKD
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

TO THE HONORABLE CAROLYN K. DELANEY, 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 Nicolas Antonio
Alvarado be awarded attorney fees and expenses in the amount of Two Thousand
Nine Hundred dollars ($2,900.00)) 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).
After the Court issues an order for EAJA fees to Nicolas Antonio Alvarado,
the government will consider the matter of Nicolas Antonio Alvarado's assignment
of EAJA fees to Denise Bourgeois Haley. The retainer agreement containing the
assignment is attached as Exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521,
2529 (2010), the ability to honor the assignment will depend on whether the fees
are subject to any offset allowed under the United States Department of the
Treasury's Offset Program. After the order for EAJA fees is entered, the
government will determine whether they are subject to any offset.
Fees shall be made payable to Nicolas Antonio Alvarado, but if the
Department of the Treasury determines that Nicolas Antonio Alvarado does not
owe a federal debt, then the government shall cause the payment of fees, expenses
and costs to be made directly to Law Offices of Lawrence D. Rohlfing, pursuant to
the assignment executed by Nicolas Antonio Alvarado.1 Any payments made shall
be delivered to Denise Bourgeois Haley.
This stipulation constitutes a compromise settlement of Nicolas Antonio
Alvarado's request for EAJA attorney fees, and does not constitute an admission of
liability on the part of Defendant under the EAJA or otherwise. Payment of the
agreed amount shall constitute a complete release from, and bar to, any and all
claims that Nicolas Antonio Alvarado and/or Denise Bourgeois Haley including
Law Offices of Lawrence D. Rohlfing may have relating to EAJA attorney fees in
connection with this action.
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.

This award is without prejudice to the rights of Denise Bourgeois Haley
and/or the Law Offices of Lawrence D. Rohlfing to seek Social Security Act
attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of
the EAJA.
DATE: April 3, 2018

Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING
/s/ Denise Bourgeois Haley
BY: __________________
Denise Bourgeois Haley
Attorney for plaintiff Nicolas Antonio Alvarado

DATED: April 6, 2018

McGREGOR W. SCOTT
United States Attorney
/s/ Francesco Benavides
FRANCESCO BENAVIDES
Special Assistant United States Attorney
Attorneys for Defendant NANCY A.
BERRYHILL, Acting Commissioner of Social
Security (Per e-mail authorization)

ORDER
Approved and so ordered.
Dated: April 12, 2018
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE