(SS) Robinson 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 Gregory Loyd Robinson 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY LOYD ROBINSON, ) Case No.: 2:22-cv-00790-KJN ) 12 Plaintiff, ) STIPULATION FOR THE AWARD ) AND PAYMENT OF ATTORNEY 13 vs. ) FEES AND EXPENSES PURSUANT ) TO THE EQUAL ACCESS TO 14 KILOLO KIJAKAZI, ) JUSTICE ACT, 28 U.S.C. § 2412(d) Acting Commissioner of Social ) AND COSTS PURSUANT TO 28 15 Security, ) U.S.C. § 1920 ) 16 Defendant. ) ) 17 18 TO THE HONORABLE KENDALL J. NEWMAN, MAGISTRATE 19 JUDGE 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 Gregory Loyd 22 Robinson be awarded attorney fees and expenses in the amount of three thousand 23 two hundred eighty dollars ($3,280.00) 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 Gregory Loyd Robinson, 4 the government will consider the matter of Gregory Loyd Robinson's assignment 5 of 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 Gregory Loyd Robinson, but if the 12 Department of the Treasury determines that Gregory Loyd Robinson does not owe 13 a federal debt, then the government shall cause the payment of fees, expenses and 14 costs to be made directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, 15 pursuant to the assignment executed by Gregory Loyd Robinson.1 Any payments 16 made shall be delivered to Lawrence D. Rohlfing. 17 This stipulation constitutes a compromise settlement of Gregory Loyd 18 Robinson'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 Gregory Loyd Robinson 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 1 This award is without prejudice to the rights of Lawrence D. Rohlfing and/or 2 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: January 17,2023 Respectfully submitted, 6 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 7 /s/ LawnenceD. Rolfing BY: 8 Lawrence D. Rohlfing 9 Attorney for plaintiff Gregory Loyd Robinson 10 11 DATED: January 18, 2023 PHILLIP TALBERT United States Attorney 2 MATHEW W. PILE Associate General Counsel B Social Security Administration 14 |s| Ellinor Coder 15 ELLINOR CODER 16 Special Assistant United States Attorney Attorneys for Defendant KILOLO KIJAKAZI, 17 Acting Commissioner of Social Security (Per e-mail authorization) 18 19 ORDER 20 IT IS SO ORDERED. The Court grants fees and expenses to plaintiff 21 || pursuant to the terms of the stipulation. 22 Dated: January 19, 2023 □□□ 23 Arersell Netorreann— KENDALL J. NE 24 UNITED STATES MAGISTRATE JUDGE 25 robi.79 26