(SS) Thompson v. Commissioner of Social Security

1 Lawrence D. Rohlfing Attorney at Law: 119433 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 Freddy E. Thompson

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA FREDDY E. THOMPSON, ) Case No.: 2:23-cv-00491-DMC ) 12 Plaintiff, ) STIPULATION AND ORDER FOR ) THE AWARD AND PAYMENT OF 13 vs. ) ATTORNEY FEES AND EXPENSES ) PURSUANT TO THE EQUAL KILOLO KIJAKAZI, ) ACCESS TO JUSTICE ACT, 28 U.S.C. Acting Commissioner of Social ) § 2412(d) AND COSTS PURSUANT Security, ) TO 28 U.S.C. § 1920 ) 16 Defendant. ) ) 18 TO THE HONORABLE DENNIS M. COTA, MAGISTRATE JUDGE OF THE DISTRICT COURT: 20 IT IS HEREBY STIPULATED, by and between the parties through their undersigned counsel, subject to the approval of the Court, that Freddy E.

22 Thompson be awarded attorney fees and expenses in the amount of one thousand four hundred sixty-five dollars ($1,465.00) under the Equal Access to Justice Act (EAJA), 28 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 Thompson by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d).

3 After the Court issues an order for EAJA fees to Thompson, the government will consider the matter of Thompson's assignment of EAJA fees to Lawrence D.

5 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.

11 Fees shall be made payable to Thompson, but if the Department of the Treasury determines that Thompson 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 Thompson.1 Any payments made shall be delivered to Lawrence D. Rohlfing.

17 This stipulation constitutes a compromise settlement of Freddy E.

18 Thompson'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 Freddy E. Thompson and/or Lawrence D. Rohlfing including Law Offices of Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney fees in connection with this action.

25 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 1 This award is without prejudice to the rights of Lawrence D. Rohlfing and/or || the Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act || attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of || the EAJA.

5 || DATE: July 18, 2023 Respectfully submitted, 6 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 7 /s/ LawnenceD. Rolfing BY: 8 Lawrence D. Rohlfing 9 Attorney for plaintiff Freddy E. Thompson DATED: July 18, 2023 PHILLIP A. TALBERT United States Attorney 12 MATHEW W. PILE Associate General Counsel 13 Social Security Administration 15 |s/ Franco L, Beeia 16 FRANCO L. BECIA Special Assistant United States || Attorney Attorneys for Defendant 18 KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization) a1 ORDER Approved and so ordered: Dated: August 7, 2023 Smo DENNIS M. COTA 25 UNITED STATES MAGISTRATE JUDGE