(SS)Wells v. Commissioner of Social Security

1 Young Cho Attorney at Law: 189870 Law Offices of Lawrence D. Rohlfing 12631 East Imperial Highway, Suite C-115 Santa Fe Springs, CA 90670 Tel.: (562) 868-5886 Fax: (562) 868-8868 E-mail: [email protected] Attorneys for Plaintiff Marvin Wells

10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA MARVIN WELLS, ) Case No.: 2:18-cv-03046-KJN ) 14 Plaintiff, ) STIPULATION AND ORDER FOR ) THE AWARD AND PAYMENT OF 15 vs. ) ATTORNEY FEES AND EXPENSES ) PURSUANT TO THE EQUAL ANDREW M. SAUL, ) ACCESS TO JUSTICE ACT, 28 U.S.C. Commissioner of Social Security, ) § 2412(d) AND COSTS PURSUANT 17 ) TO 28 U.S.C. § 1920 Defendant. ) 18 ) ) 20 TO THE HONORABLE KENDALL J. NEWMAN, MAGISTRATE JUDGE OF THE DISTRICT COURT: 22 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Marvin Wells be awarded attorney fees and expenses in the amount of three thousand six hundred dollars ($3,600.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 26 2412(d), and no costs under 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d).

3 After the Court issues an order for EAJA fees to Marvin Wells, the government will consider the matter of Marvin Wells's assignment of EAJA fees to Young Cho. The retainer agreement containing the assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury's Offset Program. After the order for EAJA fees is entered, the government will determine whether they are subject to any offset.

11 Fees shall be made payable to Marvin Wells, but if the Department of the Treasury determines that Marvin Wells does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment executed by Marvin Wells.1 Any payments made shall be delivered to Young Cho.

16 This stipulation constitutes a compromise settlement of Marvin Wells's request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Marvin Wells and/or Young Cho including Law Offices of Lawrence D. Rohlfing may have relating to EAJA attorney fees in connection with this action.

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 ] This award is without prejudice to the rights of Young Cho and/or the Law || Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under ||42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

4 ||DATE: August 27, 2019 Respectfully submitted, 5 LAW OFFICES OF LAWRENCE D. ROHLFING 6 /s/ Youug Che BY: 7 Young Cho 8 Attorney for plaintiff Marvin Wells || DATED: August 27, 2019 McGREGOR W. SCOTT 10 United States Attorney /s/ Manele Tt, Warme MARCELO N. ILLARMO 13 Special Assistant United States Attorney Attorneys for Defendant ANDREW M. SAUL, 14 Commissioner of Social Security (Per e-mail authorization) 17 ORDER 18 Approved and so ordered: Dated: August 29, 2019 □□□ KENDALL J. LK 1 UNITED STATES MAGISTRATE JUDGE well.3046