(SS) Sousa v. Commissioner of Social Security

Monica Perales Attorney at Law: 297739 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 Carlos Francisco Sousa

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

CARLOS FRANCISCO SOUSA, ) No. 2:19-cv-00779-DB

) Plaintiff, ) STIPULATION AND ORDER FOR

) THE AWARD AND PAYMENT OF

vs. ) ATTORNEY FEES AND EXPENSES

) PURSUANT TO THE EQUAL

ANDREW SAUL, ) ACCESS TO JUSTICE ACT, 28 U.S.C. Commissioner of Social Security, ) § 2412(d) AND COSTS PURSUANT

) TO 28 U.S.C. § 1920

Defendant. )

) )

TO THE HONORABLE DEBORAH BARNES, 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 Carlos Francisco Sousa be awarded attorney fees and expenses in the amount of four thousand five hundred dollars ($4,500.00) under the Equal Access to Justice Act (EAJA), 28

23 U.S.C. § 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).

After the Court issues an order for EAJA fees to Carlos Francisco Sousa, the government will consider the matter of Carlos Francisco Sousa's assignment of EAJA fees to Monica Perales. 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 Carlos Francisco Sousa, but if the Department of the Treasury determines that Carlos Francisco Sousa 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 Carlos Francisco Sousa.1 Any payments made shall be delivered to Monica Perales.

This stipulation constitutes a compromise settlement of Carlos Francisco Sousa'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 Carlos Francisco Sousa and/or Monica Perales 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

This award is without prejudice to the rights of Monica Perales 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. DATE: December 9, 2020 Respectfully submitted,

LAW OFFICES OF LAWRENCE D. ROHLFING

/s/ Monica Perales BY: __________________

Monica Perales

Attorney for plaintiff Carlos Francisco Sousa DATED: MCGREGOR W. SCOTT

United States Attorney /s/ Tina Naicker

TINA NAICKER

Special Assistant United States Attorney Attorneys for Defendant ANDREW SAUL,

Commissioner of Social Security

(Per e-mail authorization) ORDER

Pursuant to the parties’ stipulation, IT IS SO ORDERED.

DATED: MAY 12, 2021 /s/ DEBORAH BARNES

UNITED STATES MAGISTRATE JUDGE

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