(SS) Howell 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 John W. Howell

11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA JOHN W. HOWELL, ) Case No.: 1:19-cv-01704-EPG ) 15 Plaintiff, ) STIPULATION AND ORDER FOR THE ) AWARD AND PAYMENT OF ATTORNEY 16 vs. ) FEES AND EXPENSES PURSUANT TO ) THE EQUAL ACCESS TO JUSTICE ACT, ANDREW SAUL, ) 28 U.S.C. § 2412(d) AND COSTS Commissioner of Social Security, ) PURSUANT TO 28 U.S.C. § 1920 18 ) Defendant. ) 19 ) ) 21 TO THE HONORABLE ERICA P. GROSJEAN, MAGISTRATE JUDGE OF THE DISTRICT COURT: 23 IT IS HEREBY STIPULATED, by and between the parties through their undersigned counsel, subject to the approval of the Court, that John W. Howell be awarded attorney fees in the amount of three thousand four hundred dollars ($3,400.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of zero dollars ($0.00) under 28 1 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).

4 After the Court issues an order for EAJA fees to Howell, the government will consider the matter of Howell'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 Howell, but if the Department of the Treasury determines that Howell 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 Howell.1 Any payments made shall be delivered to Young Cho.

15 This stipulation constitutes a compromise settlement of Howell'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 Howell and/or Young Cho including Law Offices of Lawrence D.

19 Rohlfing may have relating to EAJA attorney fees in connection with this action.

20 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.

23 DATE: November 5, 2020 Respectfully submitted, 24 LAW OFFICES OF LAWRENCE D. ROHLFING

26 1 1 /s/ Young Cho BY: __________________ 2 Young Cho Attorney for plaintiff 3 JOHN W. HOWELL DATE: November 5, 2020 McGREGOR W. SCOTT 5 United States Attorney /s/ Marcelo N. Illarmo MARCELO N. ILLARMO 8 Special Assistant United States Attorney Attorneys for Defendant ANDREW SAUL, Commissioner of Social Security (Per e- mail authorization) 1 ORDER 2 Pursuant to the stipulation of the parties (ECF No. 21), and as set forth above, IT IS || ORDERED that Plaintiff is awarded attorney fees in the amount of three thousand four hundred dollars ($3,400) under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920.

7 IT IS SO ORDERED. g || Dated: _November 5, 2020 hey 9 UNITED STATES MAGISTRATE JUDGE 1]