(SS) Howell 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 John W. Howell 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 14 JOHN W. HOWELL, ) Case No.: 1:19-cv-01704-EPG ) 15 Plaintiff, ) STIPULATION AND ORDER FOR THE ) AWARD AND PAYMENT OF ATTORNEY 16 vs. ) FEES AND EXPENSES PURSUANT TO ) THE EQUAL ACCESS TO JUSTICE ACT, 17 ANDREW SAUL, ) 28 U.S.C. § 2412(d) AND COSTS Commissioner of Social Security, ) PURSUANT TO 28 U.S.C. § 1920 18 ) Defendant. ) 19 ) ) 20 21 TO THE HONORABLE ERICA P. GROSJEAN, MAGISTRATE JUDGE OF THE 22 DISTRICT COURT: 23 IT IS HEREBY STIPULATED, by and between the parties through their undersigned 24 counsel, subject to the approval of the Court, that John W. Howell be awarded attorney fees in 25 the amount of three thousand four hundred dollars ($3,400.00) under the Equal Access to Justice 26 Act (EAJA), 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 rendered on behalf of 2 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 3 2412(d). 4 After the Court issues an order for EAJA fees to Howell, the government will consider 5 the matter of Howell's assignment of EAJA fees to Young Cho. The retainer agreement 6 containing the assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 7 2529 (2010), the ability to honor the assignment will depend on whether the fees are subject to 8 any offset allowed under the United States Department of the Treasury's Offset Program. After 9 the order for EAJA fees is entered, the government will determine whether they are subject to 10 any offset. 11 Fees shall be made payable to Howell, but if the Department of the Treasury determines 12 that Howell does not owe a federal debt, then the government shall cause the payment of fees, 13 expenses and costs to be made directly to Law Offices of Lawrence D. Rohlfing, pursuant to the 14 assignment executed by Howell.1 Any payments made shall be delivered to Young Cho. 15 This stipulation constitutes a compromise settlement of Howell's request for EAJA 16 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 17 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 18 bar to, any and all claims that Howell and/or Young Cho including Law Offices of Lawrence D. 19 Rohlfing may have relating to EAJA attorney fees in connection with this action. 20 This award is without prejudice to the rights of Young Cho and/or the Law Offices of 21 Lawrence D. Rohlfing to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), 22 subject to the savings clause provisions of the EAJA. 23 DATE: November 5, 2020 Respectfully submitted, 24 LAW OFFICES OF LAWRENCE D. ROHLFING 25 26 1 1 /s/ Young Cho BY: __________________ 2 Young Cho Attorney for plaintiff 3 JOHN W. HOWELL 4 DATE: November 5, 2020 McGREGOR W. SCOTT 5 United States Attorney 6 /s/ Marcelo N. Illarmo 7 MARCELO N. ILLARMO 8 Special Assistant United States Attorney Attorneys for Defendant 9 ANDREW SAUL, Commissioner of Social Security (Per e- mail authorization) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 ORDER 2 Pursuant to the stipulation of the parties (ECF No. 21), and as set forth above, IT IS 3 || ORDERED that Plaintiff is awarded attorney fees in the amount of three thousand four hundred 4 dollars ($3,400) under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), and no costs under 5 28 U.S.C. § 1920. 7 IT IS SO ORDERED. g || Dated: _November 5, 2020 hey 9 UNITED STATES MAGISTRATE JUDGE 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26