(SS) Wascovich v. Commissioner of Social Security ( 2019 )

1 Laura E. Krank Attorney at Law: 220208 2 Law Offices of Rohlfing & Kalagian, LLP 211 East Ocean Boulevard, Suite 420 3 Long Beach, CA 90802 Tel.: (562) 437-7006 4 Fax: (562) 432-2935 E-mail: rohlfing.kalagian@rksslaw.com 5 Attorneys for Plaintiff 6 Lisa Wascovich 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 LISA WASCOVICH, ) Case No.: 2:18-cv-00659-EFB (SS) 11 ) Plaintiff, ) STIPULATION AND PROPOSED 12 ) ORDER FOR THE AWARD AND vs. ) PAYMENT OF ATTORNEY FEES 13 ) AND EXPENSES PURSUANT TO ANDREW SAUL, ) THE EQUAL ACCESS TO JUSTICE 14 Commissioner of Social Security, ) ACT, 28 U.S.C. § 2412(d) AND ) COSTS PURSUANT TO 28 U.S.C. § 15 Defendant. ) 1920 ) 16 ) 17 TO THE HONORABLE EDMUND F. BRENNAN, MAGISTRATE 18 JUDGE OF THE DISTRICT COURT: 19 IT IS HEREBY STIPULATED, by and between the parties through their 20 undersigned counsel, subject to the approval of the Court, that Lisa Wascovich be 21 awarded attorney fees in the amount of Four Thousand One Hundred Twenty One 22 dollars and twenty-two cents ($4,121.22) and expenses in the amount of zero 23 dollars ($0.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 24 2412(d), and costs in the amount of zero dollars ($0.00) under 28 U.S.C. § 1920. 25 This amount represents compensation for all legal services rendered on behalf of 26 1 Plaintiff by counsel in connection with this civil action, in accordance with 28 2 U.S.C. §§ 1920; 2412(d). 3 After the Court issues an order for EAJA fees to Lisa Wascovich, the 4 government will consider the matter of Lisa Wascovich's assignment of EAJA fees 5 to Laura E. Krank. The retainer agreement containing the assignment is attached 6 as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability 7 to honor the assignment will depend on whether the fees are subject to any offset 8 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 Lisa Wascovich, but if the Department of the 12 Treasury determines that Lisa Wascovich 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 Rohlfing & Kalagian, LLP, pursuant to the assignment 15 executed by Lisa Wascovich.1 Any payments made shall be delivered to Laura E. 16 Krank. 17 This stipulation constitutes a compromise settlement of Lisa Wascovich'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 Lisa 21 Wascovich and/or Laura E. Krank including Law Offices of Rohlfing & Kalagian, 22 LLP may have relating to EAJA attorney fees in connection with this action. 23 24 25 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 26 1 This award is without prejudice to the rights of Laura E. Krank and/or the 2 || Law Offices of Rohlfing & Kalagian, LLP to seek Social Security Act attorney 3 fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 4 ||EAJA. 5 || DATE: October 22, 2019 Respectfully submitted, 6 ROHLFING & KALAGIAN, LLP 7 /s/ Laura E. Kraul BY: 8 Laura E. Krank 9 Attorney for plaintiff Lisa Wascovich 10 || DATED: October 22,2019 | MCGREGOR W. SCOTT ll United States Attorney V2 /S/ Bea +¢, Porter 13 BEN A. PORTER 14 Special Assistant United States Attorney Attorneys for Defendant 15 ANDREW M. SAUL, Commissioner of Social Security (Per e-mail authorization) 16 17 18 19 ORDER 20 Approved and so ordered. 21 |} DATED: November 4, 2019. 22 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 23 24 25 26