(SS) Robinson v. Commissioner of Social Security

Filing 18

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 01/19/23 AWARDING Gregory Loyd Robinson attorney fees and expenses in the amount of $3,280.00 and no costs. (Benson, A.)

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Lawrence D. Rohlfing
Attorney at Law: 119433
Law Offices of Lawrence D. Rohlfing, Inc., CPC
12631 East Imperial Highway, Suite C-115
Santa Fe Springs, CA 90670
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Gregory Loyd Robinson

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GREGORY LOYD ROBINSON,

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Plaintiff,

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vs.
KILOLO KIJAKAZI,
Acting Commissioner of Social
Security,
Defendant.

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Case No.: 2:22-cv-00790-KJN
STIPULATION 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 KENDALL J. NEWMAN, 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 Gregory Loyd

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

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two hundred eighty dollars ($3,280.00) under the Equal Access to Justice Act

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(EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This amount

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represents compensation for all legal services rendered on behalf of Plaintiff by

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counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920;

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2412(d).

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After the Court issues an order for EAJA fees to Gregory Loyd Robinson,

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the government will consider the matter of Gregory Loyd Robinson's assignment

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of EAJA fees to Lawrence D. Rohlfing. The retainer agreement containing the

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assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521,

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2529 (2010), the ability to honor the assignment will depend on whether the fees

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are subject to any offset allowed under the United States Department of the

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Treasury's Offset Program. After the order for EAJA fees is entered, the

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government will determine whether they are subject to any offset.

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Fees shall be made payable to Gregory Loyd Robinson, but if the

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Department of the Treasury determines that Gregory Loyd Robinson does not owe

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a federal debt, then the government shall cause the payment of fees, expenses and

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costs to be made directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC,

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pursuant to the assignment executed by Gregory Loyd Robinson. 1 Any payments

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made shall be delivered to Lawrence D. Rohlfing.

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This stipulation constitutes a compromise settlement of Gregory Loyd

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Robinson'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 Gregory Loyd Robinson and/or Lawrence D. Rohlfing including Law

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Offices of Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney

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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 Lawrence D. Rohlfing and/or

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the Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act

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

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the EAJA.

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DATE: January 17, 2023

LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC

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/s/ Lawrence D. Rohlfing
BY: _________________________
Lawrence D. Rohlfing
Attorney for plaintiff Gregory Loyd Robinson

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Respectfully submitted,

DATED: January 18, 2023

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PHILLIP TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Social Security Administration
/s/ Ellinor Coder

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ELLINOR CODER
Special Assistant United States Attorney
Attorneys for Defendant KILOLO KIJAKAZI,
Acting Commissioner of Social Security
(Per e-mail authorization)

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ORDER

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IT IS SO ORDERED. The Court grants fees and expenses to plaintiff

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pursuant to the terms of the stipulation.

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Dated: January 19, 2023

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