Ray v. Commissioner of Social Security

Filing 17

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 9/26/19 AWARDING Carol A Ray attorney fees in the amount of $4,300.00 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d),and costs in the amount of four hundred dollars $400.00 under 28 U.S.C. § 1920.(Kastilahn, A)

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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
Carol A. Ray

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CAROL A. RAY,
Plaintiff,

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vs.

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ANDREW SAUL,

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Commissioner of Social Security,

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Defendant.

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No. 2:18-cv-00561-DB
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 DEBORAH BARNES, 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 Carol A Ray be

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awarded attorney fees in the amount of four thousand three hundred dollars

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($4,300.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d),

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and costs in the amount of four hundred dollars ($400.00) under 28 U.S.C. § 1920.
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This amount represents compensation for all legal services rendered on behalf of

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Plaintiff by counsel in connection with this civil action, in accordance with 28

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U.S.C. §§ 1920; 2412(d).

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After the Court issues an order for EAJA fees to Carol A Ray, the

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government will consider the matter of Carol A Ray's assignment of EAJA fees to

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Young Cho. 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 Carol A Ray, but if the Department of the

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Treasury determines that Carol A Ray 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 Carol A Ray.1 Any payments made shall be delivered to Young Cho.

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This stipulation constitutes a compromise settlement of Carol A Ray'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 Carol A

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Ray and/or Young Cho including Law Offices of Lawrence D. Rohlfing may have

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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 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: September 25, 2019

LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Young Cho
BY: __________________
Young Cho
Attorney for plaintiff Carol A Ray

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Respectfully submitted,

DATE: September 25, 2019

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MCGREGOR W. SCOTT
United States Attorney
/s/ Ben A. Porter

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BEN A. PORTER
Special Assistant United States Attorney
Attorneys for Defendant
ANDREW M. SAUL, Commissioner of Social
Security (Per e-mail authorization)

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ORDER

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Pursuant to the parties’ stipulation, IT IS SO ORDERED.
DATED: September 26, 2019

/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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