(SS) Sandoval v. Commissioner of Social Security

Filing 19

STIPULATION and ORDER signed by Magistrate Judge Jeremy D. Peterson on 2/6/24 AWARDING $3,400.00 in fees and $402.00 in costs. (Licea Chavez, V)

Brian C. Shapiro
Attorney at Law: 192789
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
Sonia Rosita Sandoval

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

SONIA ROSITA SANDOVAL,
Plaintiff,
vs.
MARTIN O'MALLEY,
Commissioner of Social Security,
Defendant.

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Case No.: 2:23-cv-01635-JDP
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

TO THE HONORABLE JEREMY D. PETERSON, 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 Sonia Rosita
Sandoval (“Sandoval”) be awarded attorney fees and expenses in the amount of
THREE THOUSAND FOUR HUNDRED dollars ($3,400.00) under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of
FOUR HUNDRED TWO dollars ($402.00) under 28 U.S.C. § 1920. This amount
represents compensation for all legal services rendered on behalf of Plaintiff by

counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920;
2412(d).
After the Court issues an order for EAJA fees to Sandoval, the government
will consider the matter of Sandoval's assignment of EAJA fees to Brian C.
Shapiro. The retainer agreement containing the assignment is attached as exhibit
1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor
the assignment will depend on whether the fees are subject to any offset allowed
under the United States Department of the Treasury's Offset Program. After the
order for EAJA fees is entered, the government will determine whether they are
subject to any offset.
Fees shall be made payable to Sandoval, but if the Department of the
Treasury determines that Sandoval does not owe a federal debt, then the
government shall cause the payment of fees, expenses and costs to be made
directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the
assignment executed by Sandoval.1 Any payments made shall be delivered to
Brian C. Shapiro.
This stipulation constitutes a compromise settlement of Sandoval's request
for EAJA attorney fees, and does not constitute an admission of liability on the part
of Defendant under the EAJA or otherwise. Payment of the agreed amount shall
constitute a complete release from, and bar to, any and all claims that Sandoval
and/or Brian C. Shapiro including Law Offices of Lawrence D. Rohlfing, Inc.,
CPC may have relating to EAJA attorney fees in connection with this action.

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.

This award is without prejudice to the rights of Brian C. Shapiro and/or the
Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act
attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of
the EAJA.
DATE: January 9, 2024

Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC
/s/ Brian C. Shapiro2
BY: _________________________
Brian C. Shapiro
Attorney for plaintiff Sonia Rosita Sandoval

DATED: January 9, 2024

PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Social Security Administration
/s/ Liva Jamala Edwards
LIVA JAMALA EDWARDS
Special Assistant United States Attorney
Attorneys for Defendant
MARTIN O'MALLEY, Commissioner of Social
Security (Per e-mail authorization)
ORDER

Date: February 6, 2024

2

Counsel for the plaintiff attests that all other signatories listed, and on whose
behalf the filing is submitted, concur in the filing’s content and have authorized the
filing.

PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

I am employed in the county of Los Angeles, State of California. I am over
the age of 18 and not a party to the within action. My business address is 12631
East Imperial Highway, Suite C-115, Santa Fe Springs, California 90670.
On this day of January 9, 2024, I served the foregoing document described
as 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 on the
interested parties in this action by placing a true copy thereof enclosed in a sealed
envelope addressed as follows:
Ms. Sonia Rosita Sandoval
9536 Enchantment Lane
Stockton, CA 95209
I caused such envelope with postage thereon fully prepaid to be placed in the
United States mail at Santa Fe Springs, California.
I declare under penalty of perjury under the laws of the State of California
that the above is true and correct.
I declare that I am employed in the office of a member of this court at whose
direction the service was made.
Brian C. Shapiro
TYPE OR PRINT NAME

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/s/ Brian C. Shapiro____________
SIGNATURE

CERTIFICATE OF SERVICE
FOR CASE NUMBER 2:23-CV-01635-JDP
I hereby certify that I electronically filed the foregoing with the Clerk of the
Court for this court by using the CM/ECF system on January 9, 2024.
I certify that all participants in the case are registered CM/ECF users and
that service will be accomplished by the CM/ECF system, except the plaintiff
served herewith by mail.
/s/ Brian C. Shapiro
_______________________________
Brian C. Shapiro
Attorneys for Plaintiff