(SS)Turner v. Commissioner of Social Security

1 Cyrus Safa Attorney at Law: 282971 Law Offices of Lawrence D. Rohlfing, Inc., CPC 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 Linanne Marie Turner UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA LINANNE MARIE TURNER, ) Case No.: 2:21-cv-02246-JDP 11 ) Plaintiff, ) STIPULATION AND PROPOSED 12 ) ORDER FOR THE AWARD AND vs. ) PAYMENT OF ATTORNEY FEES 13 ) AND EXPENSES PURSUANT TO KILOLO KIJAKAZI, ) THE EQUAL ACCESS TO JUSTICE Acting Commissioner of Social ) ACT, 28 U.S.C. § 2412(d) Security, ) 15 ) Defendant. ) 16 ) TO THE HONORABLE JEREMY D. PETERSON, 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 Linanne Marie Turner be awarded attorney fees in the amount of one thousand two hundred dollars ($1,200.00) under the Equal Access to Justice Act (EAJA), and costs in the amount of zero dollars ($0.00) under 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).

1 After the Court issues an order for EAJA fees to Linanne Marie Turner, the government will consider the matter of Linanne Marie Turner'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.

9 Fees shall be made payable to Linanne Marie Turner, but if the Department of the Treasury determines that Linanne Marie Turner 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, Inc., CPC, pursuant to the assignment executed by Linanne Marie Turner.1 Any payments made shall be delivered to Cyrus Safa.

15 This stipulation constitutes a compromise settlement of Linanne Marie Turner'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 Linanne Marie Turner and/or Cyrus Safa including Law Offices of Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney fees in connection with this action.

22 This award is without prejudice to the rights of Cyrus Safa and/or the Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act attorney 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 || fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the || EAJA.

3 || DATE: June 15, 2022 Respectfully submitted, 4 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 5 Is! Cyprus Safa 6 BY: Cyrus Safa 7 Attorney for plaintiff Linanne Marie Turner DATED: June 15, 2022 PHILLIP A. TALBERT United States Attorney 10 PETER K. THOMPSON Acting Regional Chief Counsel, Region IX 11 Social Security Administration B |s| Mary Teak 14 MARY TSAI Special Assistant United States Attorney 15 Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of 16 Social Security (Per e-mail authorization) 19 ORDER || Approved and so ordered.

23 || Dated: June 30, 2022 *) ih uz \ 3 haben 24 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE