(SS) Carson v. Commissioner of Social Security

Lawrence D. Rohlfing

Attorney at Law: 119433

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

Shelly Renee Carson

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

SHELLY RENEE CARSON, ) Case No.: 1:20-cv-01416-SKO )

STIPULATION AND ORDER FOR Plaintiff, )

THE AWARD AND PAYMENT OF v. )

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. ) ) (Doc. 18) ) )

TO SHEILA K. OBERTO, 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 Shelly Renee Carson be awarded attorney fees and expenses in the amount of one thousand seven hundred dollars ($1,700.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of four hundred dollars ($400.00) 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 Shelly Renee Carson, the government will consider the matter of Shelly Renee Carson's assignment of EAJA fees to Lawrence D. Rohlfing. 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 Shelly Renee Carson, but if the Department of the Treasury determines that Shelly Renee Carson 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 Shelly Renee Carson.1 Any payments made shall be delivered to Lawrence D. Rohlfing.

This stipulation constitutes a compromise settlement of Shelly Renee Carson'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 Shelly Renee Carson and/or Lawrence D. Rohlfing 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 Lawrence D. Rohlfing 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: June 28, 2021 Respectfully submitted,

LAW OFFICES OF LAWRENCE D. ROHLFING /s/ Lawrence D. Rohlfing

BY: __________________ Lawrence D. Rohlfing

Attorney for plaintiff Shelly Renee Carson DATED: June 29, 2021 PHILLIP TALBERT

Acting United States Attorney

/s/ Daniel P. Talbert

DANIEL P. TALBERT

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

ORDER

Based upon the parties’ above “Stipulation for the Award and Payment of Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) and Costs Pursuant to 28 U.S.C. § 1920” (the “Stipulation”) (Doc. 18), IT IS HEREBY ORDERED that attorney fees and expenses in the amount of one thousand seven hundred dollars ($1,700.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of four hundred dollars ($400.00) under 28 U.S.C. § 1920 be awarded subject to the terms of the Stipulation.

IT IS SO ORDERED.

Dated: July 1, 2021 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE