Pugh v. Commissioner of Social Security

Filing 17

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 10/7/2019 AWARDING Plaintiff attorney fees and expenses in the amount of $3,800.00 and costs in the amount of $400.00. (York, M)

1
2
3
4

Lawrence D. Rohlfing
Attorney at Law: 119433
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]

5
6

Attorneys for Plaintiff
Tonie M. Pugh

7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

TONIE M. PUGH,

12
13
14

Plaintiff,
vs.
ANDREW SAUL,
Commissioner of Social Security,

15
Defendant.
16

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

Case No.: 2:18-cv-01607-KJN
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

17
18
19
20

TO THE HONORABLE KENDALL J. NEWMAN, MAGISTRATE
JUDGE OF THE DISTRICT COURT:
IT IS HEREBY STIPULATED, by and between the parties through their

21

undersigned counsel, subject to the approval of the Court, that Tonie M. Pugh be

22

awarded attorney fees and expenses in the amount of three thousand eight hundred

23

dollars ($3,800.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. §

24

2412(d), and costs in the amount of four hundred dollars ($400.00) under 28

25

U.S.C. § 1920. This amount represents compensation for all legal services

26
27
28

-1-

1

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

2

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

3

After the Court issues an order for EAJA fees to Tonie M. Pugh, the

4

government will consider the matter of Tonie M. Pugh's assignment of EAJA fees

5

to Lawrence D. Rohlfing. The retainer agreement containing the assignment is

6

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

7

the ability to honor the assignment will depend on whether the fees are subject to

8

any offset allowed under the United States Department of the Treasury's Offset

9

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

10

whether they are subject to any offset.

11

Fees shall be made payable to Tonie M. Pugh, but if the Department of the

12

Treasury determines that Tonie M. Pugh 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 Lawrence D. Rohlfing, pursuant to the assignment

15

executed by Tonie M. Pugh.1 Any payments made shall be delivered to Lawrence

16

D. Rohlfing.

17

This stipulation constitutes a compromise settlement of Tonie M. Pugh'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 Tonie

21

M. Pugh and/or Lawrence D. Rohlfing including Law Offices of Lawrence D.

22

Rohlfing 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 Lawrence D. Rohlfing and/or

2

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

3

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

4

DATE: September 27, 2019

LAW OFFICES OF LAWRENCE D. ROHLFING

5

/s/ Lawrence D. Rohlfing
BY: __________________
Lawrence D. Rohlfing
Attorney for plaintiff Tonie M. Pugh

6
7
8
9
10

Respectfully submitted,

DATED: September 27, 2019 MCGREGOR W. SCOTT
United States Attorney

11

/s/ Ellinor Coder

12

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

13
14
15
16
17

ORDER

18
19
20

Approved and so ordered:
Dated: October 7, 2019

21
22

pugh.160

23
24
25
26
27
28

-3-