(SS) Pugh 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 Tonie M. Pugh 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TONIE M. PUGH, ) Case No.: 2:22-cv-01674-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 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 Tonie M. Pugh be 22 awarded attorney fees and expenses in the amount of two thousand three hundred 23 dollars ($2,300.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 24 2412(d), and no costs under 28 U.S.C. § 1920. This amount represents 25 compensation for all legal services rendered on behalf of Plaintiff by counsel in 26 connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 1 After the Court issues an order for EAJA fees to Tonie M. Pugh, the 2 government will consider the matter of Tonie M. Pugh's assignment of EAJA fees 3 to Matthew F. Holmberg. The retainer agreement containing the assignment is 4 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 Tonie M. Pugh, but if the Department of the 10 Treasury determines that Tonie M. Pugh does not owe a federal debt, then the 11 government shall cause the payment of fees, expenses and costs to be made 12 directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the 13 assignment executed by Tonie M. Pugh.1 Any payments made shall be delivered to 14 Matthew F. Holmberg. 15 This stipulation constitutes a compromise settlement of Tonie M. Pugh'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 Tonie 19 M. Pugh and/or Matthew F. Holmberg including Law Offices of Lawrence D. 20 Rohlfing, Inc., CPC may have relating to EAJA attorney fees in connection with 21 this action. 22 This award is without prejudice to the rights of Matthew F. Holmberg and/or 23 the Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act 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 || attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of 2 ||the EAJA. 3 || DATE: July 12, 2023 Respectfully submitted, 4 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 5 's| Matthew 'F. Holuberg 6 BY: Matthew F. Holmberg 7 Attorney for plaintiff Tonie M. Pugh 9 DATED: July 12, 2023 PHILLIP A. TALBERT United States Attorney 10 MATHEW W. PILE Associate General Counsel 11 Social Security Administration 12 B /S/ Geralyn x4. Guloeth 14 GERALYN A. GULSETH Special Assistant United States Attorney 15 Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of 16 Social Security (Per e-mail authorization) 17 18 19 ORDER 20 Approved and so ordered: 21 DATE: November 29, 2023 ~ 22 Chttien— Clare ALLISON CLAIRE 23 UNITED STATES MAGISTRATE JUDGE 24 25 26