Mastel v. Commissioner of Social Security

Filing 26

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 5/2/19 ORDERING that Plaintiff be awarded attorney fees in the amount of Five Thousand dollars ($5,000.00) and expenses in the amount of zero dollars ($0.00). (Kaminski, H)

1
2
3
4

Laura E. Krank
Attorney at Law: 220208
Law Offices of Rohlfing & Kalagian, LLP
211 East Ocean Boulevard, Suite 420
Long Beach, CA 90802
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]

5
6

Attorneys for Plaintiff
Ernest Mastel

7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA
9
10
ERNEST MASTEL,
11
Plaintiff,
12
vs.
13
14
15

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

16

)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 2:17-cv-02390-KJN
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

17
18
19
20
21
22
23
24
25

TO THE HONORABLE KENDALL J. NEWMAN, 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 Ernest Mastel be
awarded attorney fees in the amount of Five Thousand dollars ($5,000.00) and
expenses in the amount of zero dollars ($0.00) under the Equal Access to Justice
Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of zero dollars ($0.00)
under 28 U.S.C. § 1920. This amount represents compensation for all legal

26
27
28

-1-

1

services rendered on behalf of Plaintiff by counsel in connection with this civil

2

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

3

After the Court issues an order for EAJA fees to Ernest Mastel, the

4

government will consider the matter of Ernest Mastel's assignment of EAJA fees to

5

Laura E. Krank. The retainer agreement containing the assignment is attached as

6

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

7

honor the assignment will depend on whether the fees are subject to any offset

8

allowed under the United States Department of the Treasury's Offset Program.

9

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

10

they are subject to any offset.

11

Fees shall be made payable to Ernest Mastel, but if the Department of the

12

Treasury determines that Ernest Mastel does not owe a federal debt, then the

13

government shall cause the payment of fees, expenses and costs to be made

14

directly to Law Offices of Rohlfing & Kalagian, LLP, pursuant to the assignment

15

executed by Ernest Mastel.1 Any payments made shall be delivered to Laura E.

16

Krank.

17

This stipulation constitutes a compromise settlement of Ernest Mastel's

18

request for EAJA attorney fees, and does not constitute an admission of liability on

19

the part of Defendant under the EAJA or otherwise. Payment of the agreed amount

20

shall constitute a complete release from, and bar to, any and all claims that Ernest

21

Mastel and/or Laura E. Krank including Law Offices of Rohlfing & Kalagian, LLP

22

may have relating to EAJA attorney fees in connection with this action.

23
24
25
26
27
28

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.
-2-

1

This award is without prejudice to the rights of Laura E. Krank and/or the

2

Law Offices of Rohlfing & Kalagian, LLP to seek Social Security Act attorney

3

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

4

EAJA.

5

DATE: April 19, 2019

ROHLFING & KALAGIAN, LLP

6

/s/ Laura E. Krank
BY: __________________
Laura E. Krank
Attorney for plaintiff Ernest Mastel

7
8
9
10

Respectfully submitted,

DATED: April 19, 2019

11

MCGREGOR W. SCOTT
United States Attorney

12

/s/ Daniel P. Talbert

13

DANIEL P. TALBERT
Special Assistant United States Attorney
Attorneys for Defendant
NANCY A. BERRYHILL, Acting Commissioner
of Social Security (Per e-mail authorization)

14
15
16
17
18

ORDER

19
20
21

Approved and so ordered:
Dated: May 2, 2019

22
23
24
25
26
27
28

-3-

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28