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

1 Marc V. Kalagian Attorney at Law: 149034 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 Nyshia Nicole Perry 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 NYSHIA NICOLE PERRY, ) Case No.: 1:21-cv-00910-EPG 11 ) Plaintiff, ) STIPULATION AND ORDER FOR THE 12 ) AWARD AND PAYMENT OF ATTORNEY vs. ) FEES AND EXPENSES PURSUANT TO 13 ) THE EQUAL ACCESS TO JUSTICE ACT, KILOLO KIJAKAZI, ) 28 U.S.C. § 2412(d) AND COSTS 14 Acting Commissioner of Social Security, ) PURSUANT TO 28 U.S.C. § 1920 ) 15 Defendant. ) (ECF NO. 18) ) 16 ) 17 TO THE HONORABLE ERICA P. GROSJEAN, MAGISTRATE JUDGE OF THE 18 DISTRICT COURT: 19 IT IS HEREBY STIPULATED, by and between the parties through their undersigned 20 counsel, subject to the approval of the Court, that Nyshia Nicole Perry be awarded attorney fees 21 in the amount of ONE THOUSAND FIVE-HUNDRED dollars ($1,500.00) under the Equal 22 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This 23 amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel 24 in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 25 26 1 After the Court issues an order for EAJA fees to Nyshia Nicole Perry, the government 2 will consider the matter of Nyshia Nicole Perry's assignment of EAJA fees to Marc V. Kalagian. 3 The retainer agreement containing the assignment is attached as exhibit 1. Pursuant to Astrue v. 4 Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the assignment will depend on whether 5 the fees are subject to any offset allowed under the United States Department of the Treasury's 6 Offset Program. After the order for EAJA fees is entered, the government will determine 7 whether they are subject to any offset. 8 Fees shall be made payable to Nyshia Nicole Perry, but if the Department of the 9 Treasury determines that Nyshia Nicole Perry does not owe a federal debt, then the government 10 shall cause the payment of fees, expenses and costs to be made directly to Law Offices of 11 Lawrence D. Rohlfing, Inc., CPC, pursuant to the assignment executed by Nyshia Nicole Perry.1 12 Any payments made shall be delivered to Marc V. Kalagian. 13 This stipulation constitutes a compromise settlement of Nyshia Nicole Perry's request for 14 EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant 15 under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release 16 from, and bar to, any and all claims that Nyshia Nicole Perry and/or Marc V. Kalagian including 17 Law Offices of Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney fees in 18 connection with this action. 19 This award is without prejudice to the rights of Marc V. Kalagian and/or the Law Offices 20 of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act attorney fees under 42 U.S.C. § 21 406(b), subject to the savings clause provisions of the EAJA. 22 23 24 25 26 1 The parties do not stipulate whether counsel for the plaintiff has a cognizable lien under federal law 1 DATE: July 5, 2022 Respectfully submitted, 2 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 3 /s/ Marc V. Kalagian BY: _________________________ 4 Marc V. Kalagian Attorney for plaintiff Nyshia Nicole Perry 5 6 DATED: July 5, 2022 PHILLIP A. TALBERT 7 United States Attorney PETER K. THOMPSON 8 Acting Regional Chief Counsel, Region IX Social Security Administration 9 10 /s/ Patrick W. Snyder 11 PATRICK W. SNYDER 12 Special Assistant United States Attorney Attorneys for Defendant 13 KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization) 14 15 16 17 18 19 20 21 22 23 24 25 26 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 3 || Justice Act Fees and Expenses (ECF No. 18), IT IS ORDERED that Nyshia Nicole Perry be 4 || awarded attorney fees in the amount of ONE THOUSAND FIVE-HUNDRED dollars 5 || ($1,500.00) under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), and no costs under 28 6 || U.S.C. § 1920. 8 || IT IS SO ORDERED. || Dated: _ July 6, 2022 [sf hey — 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26