(SS) Lukesic v. Commissioner of Social Security

Cyrus Safa

Attorney at Law: 282971

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

Ruby Jeannine Lukesic

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

RUBY JEANNINE LUKESIC, ) Case No.: 2:20-cv-00607-AC )

Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND 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) )

Defendant. ) ) )

TO THE HONORABLE ALLISON CLAIRE, MAGISTRATE JUDGE OF THE DISTRICT COURT:

IT IS HEREBY STIPULATED, by and between the parties through their undersigned counsel, subject to the approval of the Court, that Ruby Jeannine Lukesic be awarded attorney fees in the amount of three thousand six hundred seventy-eight dollars and nineteen cents ($3,678.19) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). 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).

After the Court issues an order for EAJA fees to Ruby Jeannine Lukesic, the government will consider the matter of Ruby Jeannine Lukesic's assignment of EAJA fees to Cyrus Safa. 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.

Fees shall be made payable to Ruby Jeannine Lukesic, but if the Department of the Treasury determines that Ruby Jeannine Lukesic 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 Ruby Jeannine Lukesic.1 Any payments made shall be delivered to Cyrus Safa.

This stipulation constitutes a compromise settlement of Ruby Jeannine Lukesic'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 Ruby Jeannine Lukesic and/or Cyrus Safa including Law Offices of Lawrence D. Rohlfing may have relating to EAJA attorney fees in connection with this action.

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 l This award is without prejudice to the rights of Cyrus Safa and/or the Law Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under 3 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. DATE: May 28, 2021 Respectfully submitted, LAW OFFICES OF LAWRENCE D. ROHLFING /s/ Cyrus Safa

BY:

Cyrus Safa

Attorney for plaintiff RUBY JEANNINE LUKESIC

DATED: 28, 2021 PHILLIP TALBERT

Acting United States Attorney

DANIEL P. TALBERT

Special Assistant United States Attorney Attorneys for Defendant ANDREW SAUL, Commissioner of Social Security (Per e-mail authorization)

ORDER

Approved and so ordered:

DATE: June 21, 2021 . ~ tAttten— LNap—e

ALLISON CLAIRE

UNITED STATES MAGISTRATE JUDGE