(SS) Gervacio De Martinez v. Commissioner of Social Security ( 2020 )

1 Young Cho Attorney at Law: 189870 2 Law Offices of Lawrence D. Rohlfing 12631 East Imperial Highway, Suite C-115 3 Santa Fe Springs, CA 90670 Tel.: (562) 868-5886 4 Fax: (562) 868-8868 E-mail: rohlfing.office@rohlfinglaw.com 5 Attorneys for Plaintiff 6 Maria Del Rosario Gervacio De Martinez 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 MARIA DEL ROSARIO GERVACIO ) Case No.: 1:19-cv-00528-SKO DE MARTINEZ, ) 14 ) STIPULATION AND ORDER FOR Plaintiff, ) THE AWARD AND PAYMENT OF 15 ) ATTORNEY FEES AND EXPENSES vs. ) PURSUANT TO THE EQUAL 16 ) ACCESS TO JUSTICE ACT, 28 U.S.C. ANDREW SAUL, ) § 2412(d) AND COSTS PURSUANT 17 Commissioner of Social Security, ) TO 28 U.S.C. § 1920 ) 18 Defendant. ) (Doc. 19) ) 19 20 TO THE HONORABLE SHEILA K. OBERTO, MAGISTRATE JUDGE 21 OF THE DISTRICT COURT: 22 IT IS HEREBY STIPULATED, by and between the parties through their 23 undersigned counsel, subject to the approval of the Court, that Maria Del Rosario 24 Gervacio De Martinez be awarded attorney fees in the amount of three thousand 25 eight hundred dollars ($3,800.00) under the Equal Access to Justice Act (EAJA), 26 28 U.S.C. § 2412(d), and costs in the amount of zero dollars ($0.00) under 28 1 U.S.C. § 1920. This amount represents compensation for all legal services 2 rendered on behalf of Plaintiff by counsel in connection with this civil action, in 3 accordance with 28 U.S.C. §§ 1920; 2412(d). 4 After the Court issues an order for EAJA fees to Gervacio De Martinez, the 5 government will consider the matter of Gervacio De Martinez's assignment of 6 EAJA fees to Young Cho. The retainer agreement containing the assignment is 7 attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), 8 the ability to honor the assignment will depend on whether the fees are subject to 9 any offset allowed under the United States Department of the Treasury's Offset 10 Program. After the order for EAJA fees is entered, the government will determine 11 whether they are subject to any offset. 12 Fees shall be made payable to Gervacio De Martinez, but if the Department 13 of the Treasury determines that Gervacio De Martinez does not owe a federal debt, 14 then the government shall cause the payment of fees, expenses and costs to be 15 made directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment 16 executed by Gervacio De Martinez.1 Any payments made shall be delivered to 17 Young Cho. 18 This stipulation constitutes a compromise settlement of Gervacio De 19 Martinez's request for EAJA attorney fees, and does not constitute an admission of 20 liability on the part of Defendant under the EAJA or otherwise. Payment of the 21 agreed amount shall constitute a complete release from, and bar to, any and all 22 claims that Gervacio De Martinez and/or Young Cho including Law Offices of 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 Lawrence D. Rohlfing may have relating to EAJA attorney fees in connection with 2 this action. 3 This award is without prejudice to the rights of Young Cho and/or the Law 4 Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under 5 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 6 DATE: November 17, 2020 Respectfully submitted, 7 LAW OFFICES OF LAWRENCE D. ROHLFING 8 /s/ Young Cho BY: __________________ 9 Young Cho Attorney for plaintiff 10 MARIA DEL ROSARIO GERVACIO DE MARTINEZ 11 12 DATE: November 17, 2020 McGREGOR W. SCOTT United States Attorney 13 14 /s/ Daniel P. Talbert 15 DANIEL P. TALBERT 16 Special Assistant United States Attorney Attorneys for Defendant 17 ANDREW SAUL, Commissioner of Social Security (Per e-mail authorization from Oscar 18 Gonzalez) 19 20 21 ORDER 22 Based upon the parties’ above “Stipulation for the Award and Payment of 23 Attorney’s Fees Under the Equal Access to Justice Act (EAJA) (28 U.S.C. 24 §2412(d)) and Costs Pursuant to 28 U.S.C. § 1920” (the “Stipulation”) (Doc. 19), IT IS ORDERED that attorney’s fees in the amount THREE THOUSAND EIGHT 25 HUNDRED DOLLARS ($3,800.00) under the Equal Access to Justice Act 26 1 (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of ZERO DOLLARS 2 ($0.00) under 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation. 3 4 IT IS SO ORDERED. 5 Sheila K. Oberto Dated: November 18, 2020 /s/ . 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26