(SS) Usanovic v. Commissioner of Social Security ( 2023 )

1 Matthew F. Holmberg Attorney at Law: 321167 2 Law Offices of Lawrence D. Rohlfing, Inc., CPC 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 Kelly Marie Usanovic 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KELLY MARIE USANOVIC, ) No. 2:21-cv-1168 DB ) 12 Plaintiff, ) STIPULATION AND ORDER FOR ) THE AWARD AND PAYMENT OF 13 vs. ) ATTORNEY FEES AND EXPENSES ) PURSUANT TO THE EQUAL 14 KILOLO KIJAKAZI, ) ACCESS TO JUSTICE ACT, 28 U.S.C. Acting Commissioner of Social ) § 2412(d) AND COSTS PURSUANT 15 Security, ) TO 28 U.S.C. § 1920 ) 16 Defendant. ) ) 17 18 TO THE HONORABLE DEBORAH BARNES, MAGISTRATE JUDGE 19 OF THE DISTRICT COURT: 20 IT IS HEREBY STIPULATED, by and between the parties through their 21 undersigned counsel, subject to the approval of the Court, that Kelly Marie 22 Usanovic be awarded attorney fees and expenses in the amount of three thousand 23 and seven hundred dollars ($3,700.00) under the Equal Access to Justice Act 24 (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of four hundred and two 25 dollars ($402.00) under 28 U.S.C. § 1920. This amount represents compensation 26 1 for all legal services rendered on behalf of Plaintiff by counsel in connection with 2 this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 3 After the Court issues an order for EAJA fees to Kelly Marie Usanovic, the 4 government will consider the matter of Kelly Marie Usanovic's assignment of 5 EAJA fees to Matthew F. Holmberg. The retainer agreement containing the 6 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 8 are subject to any offset allowed under the United States Department of the 9 Treasury's Offset Program. After the order for EAJA fees is entered, the 10 government will determine whether they are subject to any offset. 11 Fees shall be made payable to Kelly Marie Usanovic, but if the Department 12 of the Treasury determines that Kelly Marie Usanovic does not owe a federal debt, 13 then the government shall cause the payment of fees, expenses and costs to be 14 made directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the 15 assignment executed by Kelly Marie Usanovic.1 Any payments made shall be 16 delivered to Matthew F. Holmberg. 17 This stipulation constitutes a compromise settlement of Kelly Marie 18 Usanovic's request for EAJA attorney fees, and does not constitute an admission of 19 liability on the part of Defendant under the EAJA or otherwise. Payment of the 20 agreed amount shall constitute a complete release from, and bar to, any and all 21 claims that Kelly Marie Usanovic and/or Matthew F. Holmberg including Law 22 Offices of Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney 23 fees in connection with this action. 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 Matthew F. Holmberg and/or 2 the Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act 3 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of 4 the EAJA. 5 DATE: October 18, 2023 Respectfully submitted, 6 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 7 /s/ Matthew F. Holmberg BY: _________________________ 8 Matthew F. Holmberg Attorney for plaintiff Kelly Marie Usanovic 9 10 DATED: October 18, 2023 PHILLIP A. TALBERT 11 United States Attorney 12 MATHEW W. PILE Associate General Counsel 13 Social Security Administration 14 /s/ Margaret Branick-Abilla 15 16 MARGARET BRANICK-ABILLA Special Assistant United States Attorney 17 Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of 18 Social Security (Per e-mail authorization) 19 20 ORDER 21 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 22 23 DATED: October 23, 2023 /s/ DEBORAH BARNES 24 UNITED STATES MAGISTRATE JUDGE 25 26