(SS) Barone v. Commissioner of Social Security ( 2020 )

McGREGOR W. SCOTT 1 United States Attorney 2 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 3 Social Security Administration SHEA LITA BOND, SBN D.C. 469103 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, CA 94105 6 Telephone: 415-977-8934 Facsimile: 415-744-0134 7 E-Mail: shea.bond@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 ) Case No. 1:19-cv-00101-GSA 13 NANCY BARONE, ) ) 14 Plaintiff, ) STIPULATION AND ORDER FOR THE ) AWARD AND PAYMENT OF 15 vs. ) ATTORNEY FEES AND EXPENSES ) PURSUANT TO THE EQUAL ACCESS 16 ) TO JUSTICE ACT, 28 U.S.C. § 2412(d) ANDREW SAUL, ) 17 Commissioner of Social Security, ) ) 18 ) Defendant. 19 20 21 22 23 24 25 26 27 28 1 IT IS HEREBY STIPULATED by and between the parties through their undersigned 2 counsel, subject to the approval of the Court, that Plaintiff Nancy Barone be awarded attorney 3 fees and expenses in the amount of FIVE THOUSAND EIGHT HUNDRED dollars ($5,800.00) 4 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) AND no costs under 28 5 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf 6 of Nancy Barone by counsel in connection with this civil action, including the appellate court 7 proceedings in Ninth Circuit Case No. 20-16501, and in accordance with 28 U.S.C. §§ 1920; 8 2412(d). 9 After the Court issues an order for EAJA fees to Nancy Barone, the government will 10 consider the matter of Nancy Barone’s assignment of EAJA fees to Lawrence D. Rohlfing. 11 Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the 12 ability to honor the assignment will depend on whether the fees are subject to any offset allowed 13 under the United States Department of the Treasury’s Offset Program. After the order for EAJA 14 fees is entered, the government will determine whether they are subject to any offset. 15 Fees shall be made payable to Nancy Barone, but if the Department of the Treasury 16 determines that Nancy Barone does not owe a federal debt, then the government shall cause the 17 payment of fees, expenses and costs to be made directly to Lawrence D. Rohlfing, pursuant to 18 the assignment executed by Nancy Barone.1 Any payments made shall be delivered to Lawrence 19 D. Rohlfing. 20 This stipulation constitutes a compromise settlement of Nancy Barone’s request for 21 EAJA attorney fees and costs, and does not constitute an admission of liability on the part of 22 Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a 23 complete release from, and bar to, any and all claims that Nancy Barone and/or Lawrence D. 24 Rohlfing including the Law Office of Lawrence D. Rohlfing, may have relating to EAJA 25 attorney fees in connection with this action and Ninth Circuit action No. 20-16501. 26 27 1 The parties do not stipulate whether counsel for the plaintiff has a cognizable lien under federal 28 law against the recovery of EAJA fees that survives the Treasury Offset Program. 1 This award is without prejudice to the rights of Lawrence D. Rohlfing or the Law Office 2 of Lawrence D. Rohlfing to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), 3 subject to the savings clause provisions of the EAJA. 4 Date: October 27, 2020 LAW OFFICES OF LAWRENCE D. ROHLFING 5 6 By: /s/ Lawrence D. Rohlfing* LAWRENCE D. ROHLFING 7 *Authorized by email on October 26, 2020 8 Attorneys for Plaintiff 9 Date: October 27, 2020 McGREGOR W. SCOTT 10 United States Attorney 11 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 12 By: /s/ Shea Lita Bond 13 SHEA LITA BOND 14 Special Assistant United States Attorney Attorneys for Defendant 15 16 17 18 IT IS SO ORDERED. 19 Dated: October 27, 2020 /s/ Gary S. Austin 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28