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

Monica Perales Attorney at Law: 297739 Law Offices of Lawrence D. Rohlfing 12631 East Imperial Highway, Suite C-115 Santa Fe Springs, CA 90670 Tel.: (562) 868-5886 Fax: (562) 868-8868 E-mail: rohlfing.office@rohlfinglaw.com Attorneys for Plaintiff Mark Allen Howell UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA MARK ALLEN HOWELL, ) Case No.: 2:18-cv-01408-CKD ) Plaintiff, ) STIPULATION & ORDER FOR THE ) AWARD AND PAYMENT OF vs. ) ATTORNEY FEES AND EXPENSES ) PURSUANT TO THE EQUAL ANDREW SAUL, ) ACCESS TO JUSTICE ACT, 28 U.S.C. Commissioner of Social Security, ) § 2412(d) AND COSTS PURSUANT ) TO 28 U.S.C. § 1920 Defendant. ) ) ) TO THE HONORABLE CAROLYN K. DELANEY, 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 Mark Allen Howell be awarded attorney fees and expenses in the amount of Four Thousand dollars ($4,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs 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 Mark Allen Howell, the government will consider the matter of Mark Allen Howell's assignment of EAJA fees to Monica Perales. 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 Mark Allen Howell, but if the Department of the Treasury determines that Mark Allen Howell 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, pursuant to the assignment executed by Mark Allen Howell.1 Any payments made shall be delivered to Monica Perales. This stipulation constitutes a compromise settlement of Mark Allen Howell'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 Mark Allen Howell and/or Monica Perales including Law Offices of Lawrence D. Rohlfing 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 This award is without prejudice to the rights of Monica Perales and/or the Law Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. DATE: December 3, 2019 Respectfully submitted, LAW OFFICES OF LAWRENCE D. ROHLFING /S/ WUouica Perales BY: Monica Perales Attorney for plaintiff Mark Allen Howell DATED: MCGREGOR W. SCOTT United States Attorney /8/ Francesco Sewauides FRANCESCO BENAVIDES Special Assistant United States Attorney Attorneys for Defendant ANDREW SAUL, Commissioner of Social Security (Per e-mail authorization) IT IS SO ORDERED. Fi Trg, □□ Dated: December 9, 2019 Card it lez { Gt, CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE