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

1 Marc V. Kalagian Attorney at Law: 149034 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 Steve Florreich 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 STEVE FLORREICH, ) Case No.: 2:20-cv-00727-AC 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 ALLISON CLAIRE, MAGISTRATE JUDGE OF 18 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 Steve Florreich be 21 awarded attorney fees in the amount of One Thousand,One Hundred dollars 22 ($1,100.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). 23 This amount represents compensation for all legal services rendered on behalf of 24 Plaintiff by counsel in connection with this civil action, in accordance with 28 25 U.S.C. §§ 1920; 2412(d). 26 1 After the Court issues an order for EAJA fees to Steve Florreich, the 2 government will consider the matter of Steve Florreich's assignment of EAJA fees 3 to Marc V. Kalagian. The retainer agreement containing the assignment is 4 attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), 5 the ability to honor the assignment will depend on whether the fees are subject to 6 any offset allowed under the United States Department of the Treasury's Offset 7 Program. After the order for EAJA fees is entered, the government will determine 8 whether they are subject to any offset. 9 Fees shall be made payable to Steve Florreich, but if the Department of the 10 Treasury determines that Steve Florreich does not owe a federal debt, then the 11 government shall cause the payment of fees, expenses and costs to be made 12 directly to Law Offices of Rohlfing & Kalagian, LLP, pursuant to the assignment 13 executed by Steve Florreich.1 Any payments made shall be delivered to Marc V. 14 Kalagian. 15 This stipulation constitutes a compromise settlement of Steve Florreich's 16 request for EAJA attorney fees, and does not constitute an admission of liability on 17 the part of Defendant under the EAJA or otherwise. Payment of the agreed amount 18 shall constitute a complete release from, and bar to, any and all claims that Steve 19 Florreich and/or Marc V. Kalagian including Law Offices of Rohlfing & Kalagian, 20 LLP may have relating to EAJA attorney fees in connection with this action. 21 This award is without prejudice to the rights of Marc V. Kalagian and/or the 22 Law Offices of Rohlfing & Kalagian, LLP to seek Social Security Act attorney 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 || fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 2 ||EAJA. 3 || DATE: December 18, 2020 Respectfully submitted, 4 ROHLFING & KALAGIAN, LLP 5 /s| UareV. Kalagian BY: 6 Marc V. Kalagian Attorney for plaintiff 7 STEVE FLORREICH DATED: December 18, 2020 McGREGOR W. SCOTT 9 United States Attorney 10 12 DANIEL P. TALBERT Special Assistant United States Attorney 13 Attorneys for Defendant ANDREW SAUL, Commissioner of Social 14 Security (Per e-mail authorization) 15 16 17 ORDER 18 Approved and so ordered: 19 DATE: December 21, 2020 20 “ 71 CMhun—Clone ALLISON CLAIRE 2 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26