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

1 Lawrence D. Rohlfing Attorney at Law: 119433 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 Myles Steven Jaworski 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MYLES STEVEN JAWORSKI, ) Case No.: 2:23-cv-00674-AC ) 12 Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND 13 vs. ) PAYMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT TO 14 KILOLO KIJAKAZI, ) THE EQUAL ACCESS TO JUSTICE Acting Commissioner of Social ) ACT, 28 U.S.C. § 2412(d) AND 15 Security, ) COSTS PURSUANT TO 28 U.S.C. § ) 1920; [PROPOSED] ORDER 16 Defendant. ) ) 17 18 TO THE HONORABLE ALLISON CLAIRE, MAGISTRATE JUDGE OF 19 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 Myles Steven 22 Jaworski be awarded attorney fees and expenses in the amount of one thousand 23 eight hundred forty dollars ($1,840.00) under the Equal Access to Justice Act 24 (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This amount 25 represents compensation for all legal services rendered on behalf of Plaintiff by 26 1 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2 2412(d). 3 After the Court issues an order for EAJA fees to Myles Steven Jaworski, the 4 government will consider the matter of Myles Steven Jaworski's assignment of 5 EAJA fees to Lawrence D. Rohlfing. 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 Myles Steven Jaworski, but if the Department 12 of the Treasury determines that Myles Steven Jaworski does not owe a federal 13 debt, then the government shall cause the payment of fees, expenses and costs to 14 be made directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to 15 the assignment executed by Myles Steven Jaworski.1 Any payments made shall be 16 delivered to Lawrence D. Rohlfing. 17 This stipulation constitutes a compromise settlement of Myles Steven 18 Jaworski'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 Myles Steven Jaworski and/or Lawrence D. Rohlfing 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 l This award is without prejudice to the rights of Lawrence D. Rohlfing 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: July 12, 2023 Respectfully submitted, 6 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 7 /s/ Laurence Rolfing g BY: Lawrence D. Rohlfing 9 Attorney for plaintiff Myles Steven Jaworski 10 DATED: July 12, 2023 PHILLIP A. TALBERT United States Attorney 12 MATHEW W. PILE Associate General Counsel 13 Social Security Administration 14 15 /s/ Liwa Yamala Eduande 16 LIVA JAMALA EDWARDS Special Assistant United States Attorney 17 Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of 18 Social Security (Per e-mail authorization) 19 20 a1 ORDER 22 Approved and so ordered: 23 DATE: July 17, 2023 ; ~ 24 ththrn— LMhane_ ALLISON CLAIRE 25 UNITED STATES MAGISTRATE JUDGE 26