(SS) Boyd 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 Dewayne R. Boyd 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 DEWAYNE R. BOYD, ) Case No.: 2:18-cv-03152-AC ) 11 Plaintiff, ) STIPULATION FOR THE AWARD ) AND PAYMENT OF ATTORNEY 12 vs. ) FEES AND EXPENSES PURSUANT ) TO THE EQUAL ACCESS TO 13 ANDREW SAUL, ) JUSTICE ACT, 28 U.S.C. § 2412(d) Commissioner of Social Security, ) AND COSTS PURSUANT TO 28 14 ) U.S.C. § 1920 Defendant. ) 15 ) ) 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 Dewayne R. Boyd 21 be awarded attorney fees and expenses in the amount of two thousand four hundred 22 dollars ($2,400.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 23 2412(d), and no costs under 28 U.S.C. § 1920. This amount represents 24 compensation for all legal services rendered on behalf of Plaintiff by counsel in 25 connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 26 1 After the Court issues an order for EAJA fees to Dewayne R. Boyd, the 2 government will consider the matter of Dewayne R. Boyd's assignment of EAJA 3 fees to Lawrence D. Rohlfing. The retainer agreement containing the assignment 4 is 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 Dewayne R. Boyd, but if the Department of 10 the Treasury determines that Dewayne R. Boyd does not owe a federal debt, then 11 the government shall cause the payment of fees, expenses and costs to be made 12 directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment 13 executed by Dewayne R. Boyd.1 Any payments made shall be delivered to 14 Lawrence D. Rohlfing. 15 This stipulation constitutes a compromise settlement of Dewayne R. Boyd'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 19 Dewayne R. Boyd and/or Lawrence D. Rohlfing including Law Offices of 20 Lawrence D. Rohlfing may have relating to EAJA attorney fees in connection with 21 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 l 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: October 21, 2019 Respectfully submitted, 5 LAW OFFICES OF LAWRENCE D. ROHLFING 6 |s/ Lawrence D. Rolllfing BY: 7 Lawrence D. Rohlfing Attorney for plaintiff Dewayne R. Boyd ? || DATED: October 22,2019 | MCGREGOR W. SCOTT United States Attorney 10 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 12 /s/ Sharoa Lahey 13 SHARON LAHEY 14 Special Assistant United States Attorney Attorneys for Defendant ANDREW SAUL, 15 Commissioner of Social Security (Per e-mail authorization) 16 17 ORDER 18 Based upon the parties’ Stipulation for the Award and Payment of Equal 19 || Access to Justice Act Fees, Costs, and Expenses: 20 IT IS ORDERED that fees and expenses in the amount of $2,400.00 as 21 || authorized by 28 U.S.C. § 2412, and no costs authorized by 28 U.S.C. § 1920, be 22 || awarded subject to the terms of the Stipulation. 23 || DATE: October 22, 2019 ~ Cttttern— Lane 24 ALLISON CLAIRE 95 UNITED STATES MAGISTRATE JUDGE 26