(SS) Lepeltak v. Commissioner of Social Security ( 2022 )

Matthew F. Holmberg Attorney at Law: 321167 Law Offices of Lawrence D. Rohlfing, Inc., CPC 12631 East Imperial Highway, Suite C-115 Santa Fe Springs, CA 90670 Tel.: (562) 868-5886 Fax: (562) 868-8868 E-mail: rohlfing.office@rohlfinglaw.com Attorneys for Plaintiff Geri Arleen Lepeltak UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA GERI ARLEEN LEPELTAK, ) Case No.: 2:20-cv-01503-CKD ) Plaintiff, ) STIPULATION AND ORDER FOR ) THE AWARD AND PAYMENT OF vs. ) ATTORNEY FEES AND EXPENSES ) PURSUANT TO THE EQUAL KILOLO KIJAKAZI, ) ACCESS TO JUSTICE ACT, 28 U.S.C. Acting Commissioner of Social ) § 2412(d) AND COSTS PURSUANT Security, ) TO 28 U.S.C. § 1920 ) Defendant. ) ) TO THE HONORABLE CAROLYN K. DELANEY, MAGISTRATE JUDGE OF THE DISTRICT COURT: IT IS HEREBY STIPULATED, by and between the parties through their undersigned counsel, subject to the approval of the Court, that Geri Arleen Lepeltak be awarded attorney fees in the amount of three thousand one hundred dollars ($3,100.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). After the Court issues an order for EAJA fees to Geri Arleen Lepeltak, the government will consider the matter of Geri Arleen Lepeltak's assignment of EAJA fees to Matthew F. Holmberg. The retainer agreement containing the assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury's Offset Program. After the order for EAJA fees is entered, the government will determine whether they are subject to any offset. Fees shall be made payable to Geri Arleen Lepeltak, but if the Department of the Treasury determines that Geri Arleen Lepeltak does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the assignment executed by Geri Arleen Lepeltak.1 Any payments made shall be delivered to Matthew F. Holmberg. This stipulation constitutes a compromise settlement of Geri Arleen Lepeltak's request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Geri Arleen Lepeltak and/or Matthew F. Holmberg including Law Offices of Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney fees in connection with this action. This award is without prejudice to the rights of Matthew F. Holmberg and/or the Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act 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 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. DATE: September 26, 2022 Respectfully submitted, LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC /s| Matthew. Holuberg BY: Matthew F. Holmberg Attorney for plaintiff Geri Arleen Lepeltak DATED:September 26, 2022 PHILLIP A. TALBERT United States Attorney PETER K. THOMPSON Acting Regional Chief Counsel, Region IX Social Security Administration /$/ Tina Naceher TINA NAICKER Special Assistant United States Attorney Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization) ORDER Approved and so ordered. Dated: September 28, 2022 / 2 ant le fps CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE