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

1 Lawrence D. Rohlfing Attorney at Law: 119433 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 Joyce Pamela Billings 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JOYCE PAMELA BILLINGS, ) No. 2:18-cv-00935-DB ) 11 Plaintiff, ) STIPULATION AND ORDER FOR ) THE AWARD AND PAYMENT OF 12 vs. ) ATTORNEY FEES AND EXPENSES ) PURSUANT TO THE EQUAL 13 ANDREW SAUL, ) ACCESS TO JUSTICE ACT, 28 U.S.C. Commissioner of Social Security, ) § 2412(d) AND COSTS PURSUANT 14 ) TO 28 U.S.C. § 1920 Defendant. ) 15 ) ) 16 17 TO THE HONORABLE DEBORAH BARNES, MAGISTRATE JUDGE 18 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 Joyce Pamela 21 Billings be awarded attorney fees and expenses in the amount of three thousand 22 one hundred fifty dollars ($3,150.00) under the Equal Access to Justice Act 23 (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This amount 24 represents compensation for all legal services rendered on behalf of Plaintiff by 25 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 26 2412(d). 1 After the Court issues an order for EAJA fees to Joyce Pamela Billings, the 2 government will consider the matter of Joyce Pamela Billings's assignment of 3 EAJA fees to Lawrence D. Rohlfing. The retainer agreement containing the 4 assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 5 2529 (2010), the ability to honor the assignment will depend on whether the fees 6 are subject to any offset allowed under the United States Department of the 7 Treasury's Offset Program. After the order for EAJA fees is entered, the 8 government will determine whether they are subject to any offset. 9 Fees shall be made payable to Joyce Pamela Billings, but if the Department 10 of the Treasury determines that Joyce Pamela Billings does not owe a federal debt, 11 then the government shall cause the payment of fees, expenses and costs to be 12 made directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment 13 executed by Joyce Pamela Billings.1 Any payments made shall be delivered to 14 Lawrence D. Rohlfing. 15 This stipulation constitutes a compromise settlement of Joyce Pamela 16 Billings's request for EAJA attorney fees, and does not constitute an admission of 17 liability on the part of Defendant under the EAJA or otherwise. Payment of the 18 agreed amount shall constitute a complete release from, and bar to, any and all 19 claims that Joyce Pamela Billings and/or Lawrence D. Rohlfing including Law 20 Offices of Lawrence D. Rohlfing may have relating to EAJA attorney fees in 21 connection with this action. 22 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 Lawrence D. Rohlfing and/or 2 the Law Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees 3 under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 4 DATE: September 25, 2019 Respectfully submitted, 5 LAW OFFICES OF LAWRENCE D. ROHLFING 6 /s/ Lawrence D. Rohlfing BY: __________________ 7 Lawrence D. Rohlfing Attorney for plaintiff Joyce Pamela Billings 8 9 DATED: September 26, 2019 MCGREGOR W. SCOTT 10 United States Attorney 11 /s/ S. Wyeth McAdam 12 S. WYETH MCADAM 13 Special Assistant United States Attorney Attorneys for Defendant ANDREW SAUL, 14 Commissioner of Social Security (Per e-mail authorization) 15 16 ORDER 17 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 18 DATED: October 11, 2019 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26