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

1 Cyrus Safa Attorney at Law: 282971 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 Linanne Marie Turner 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 LINANNE MARIE TURNER, ) Case No.: 2:21-cv-02246-JDP 11 ) Plaintiff, ) STIPULATION AND PROPOSED 12 ) ORDER FOR THE AWARD AND vs. ) PAYMENT OF ATTORNEY FEES 13 ) AND EXPENSES PURSUANT TO KILOLO KIJAKAZI, ) THE EQUAL ACCESS TO JUSTICE 14 Acting Commissioner of Social ) ACT, 28 U.S.C. § 2412(d) Security, ) 15 ) Defendant. ) 16 ) 17 TO THE HONORABLE JEREMY D. PETERSON, MAGISTRATE 18 JUDGE OF THE DISTRICT COURT: 19 IT IS HEREBY STIPULATED, by and between the parties through their 20 undersigned counsel, subject to the approval of the Court, that Linanne Marie 21 Turner be awarded attorney fees in the amount of one thousand two hundred 22 dollars ($1,200.00) under the Equal Access to Justice Act (EAJA), and costs in the 23 amount of zero dollars ($0.00) under 28 U.S.C. § 2412(d). This amount represents 24 compensation for all legal services rendered on behalf of Plaintiff by counsel in 25 connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 26 1 After the Court issues an order for EAJA fees to Linanne Marie Turner, the 2 government will consider the matter of Linanne Marie Turner's assignment of 3 EAJA fees to Cyrus Safa. 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 Linanne Marie Turner, but if the Department 10 of the Treasury determines that Linanne Marie Turner does not owe a federal debt, 11 then the government shall cause the payment of fees, expenses and costs to be 12 made directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the 13 assignment executed by Linanne Marie Turner.1 Any payments made shall be 14 delivered to Cyrus Safa. 15 This stipulation constitutes a compromise settlement of Linanne Marie 16 Turner's request for EAJA attorney fees, and does not constitute an admission of 17 liability on the part of Defendant under the EAJA or otherwise. Payment of the 18 agreed amount shall constitute a complete release from, and bar to, any and all 19 claims that Linanne Marie Turner and/or Cyrus Safa including Law Offices of 20 Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney fees in 21 connection with this action. 22 This award is without prejudice to the rights of Cyrus Safa and/or the Law 23 Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act attorney 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 || fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 2 || EAJA. 3 || DATE: June 15, 2022 Respectfully submitted, 4 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 5 Is! Cyprus Safa 6 BY: Cyrus Safa 7 Attorney for plaintiff Linanne Marie Turner 9 DATED: June 15, 2022 PHILLIP A. TALBERT United States Attorney 10 PETER K. THOMPSON Acting Regional Chief Counsel, Region IX 11 Social Security Administration 12 B |s| Mary Teak 14 MARY TSAI 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 21 || Approved and so ordered. 22 23 || Dated: June 30, 2022 *) ih uz \ 3 haben 24 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE 26