Nolen v. Commissioner of Social Security

Filing 19

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 7/18/2018 APPROVING 18 Stipulation for the Award and Payment of Attorney Fees and Expenses. (York, M)

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Young Cho
Attorney at Law: 189870
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
Deborah Ann Nolen

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEBORAH ANN NOLEN,
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-02505-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

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undersigned counsel, subject to the approval of the Court, that Deborah Ann Nolen

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be awarded attorney fees and expenses in the amount of three thousand seven

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hundred dollars ($3,700.00) under the Equal Access to Justice Act (EAJA), 28
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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 Deborah Ann Nolen, the

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government will consider the matter of Deborah Ann Nolen's assignment of EAJA

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fees to Young Cho. The retainer agreement containing the assignment is attached

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

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to 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

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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 Deborah Ann Nolen, but if the Department of

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the Treasury determines that Deborah Ann Nolen 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 Deborah Ann Nolen.1 Any payments made shall be delivered to

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Young Cho.
This stipulation constitutes a compromise settlement of Deborah Ann

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Nolen'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 Deborah Ann Nolen and/or Young Cho including Law Offices of

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

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this action.

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This award is without prejudice to the rights of Young Cho 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: July 17, 2018

LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Young Cho
BY: __________________
Young Cho
Attorney for plaintiff Deborah Ann Nolen

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Respectfully submitted,

DATE: July 17, 2018

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McGREGOR W. SCOTT
United States Attorney

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/s/ Ellinor Coder

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ELLINOR CODER
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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Approved and so ordered:
DATE: July 18, 2018

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