(SS) Mize 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 Monique Mize

10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA MONIQUE MIZE, ) Case No.: 2:18-cv-03202-AC ) 14 Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND 15 vs. ) PAYMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT TO ANDREW SAUL, ) THE EQUAL ACCESS TO JUSTICE Commissioner of Social Security, ) ACT, 28 U.S.C. § 2412(d) AND 17 ) COSTS PURSUANT TO 28 U.S.C. § Defendant. ) 1920 18 ) ) 20 TO THE HONORABLE ALLISON CLAIRE, 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 Monique Mize be awarded attorney fees in the amount of four thousand three hundred dollars ($4,300.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d).

26 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 2 U.S.C. §§ 1920; 2412(d).

3 After the Court issues an order for EAJA fees to Monique Mize, the government will consider the matter of Monique Mize'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.

9 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 Monique Mize, but if the Department of the Treasury determines that Monique Mize 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 Monique Mize.1 Any payments made shall be delivered to Young Cho.

17 This stipulation constitutes a compromise settlement of Monique Mize'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 Monique Mize 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 1 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 1142 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

4 ||DATE: April 9, 2020 Respectfully submitted, 5 LAW OFFICES OF LAWRENCE D. ROHLFING 6 /s/ Youug Che BY: 7 Young Cho g Attorney for plaintiff Monique Mize || DATE: April 9, 2020 McGREGOR W. SCOTT 10 United States Attorney /s/ Marka Letellicr MARLA LETELLIER 13 Special Assistant United States Attorney Attorneys for Defendant 14 ANDREW SAUL, Commissioner of Social Security (Per e-mail authorization) 18 ORDER 19 Approved and so ordered: || DATE: April 10, 2020 ~ 21 pe ALLISON CLAIRE 09 UNITED STATES MAGISTRATE JUDGE