(SS) Manor v. Commissioner of Social Security

1 Laura E. Krank Attorney at Law: 220208 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 Kimberly Sue Manor

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA KIMBERLY SUE MANOR, ) No. 2:22-cv-0666 DB ) 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 DEBORAH BARNES, 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 Kimberly Sue Manor be awarded attorney fees and expenses in the amount of SIX THOUSAND THREE HUNDRED dollars ($6,300.00) 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 Plaintiff 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 Kimberly Sue Manor, the government will consider the matter of Kimberly Sue Manor's assignment of EAJA fees to Laura E. Krank. 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 Kimberly Sue Manor, but if the Department of the Treasury determines that Kimberly Sue Manor 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 Kimberly Sue Manor.1 Any payments made shall be delivered to Laura E. Krank.

17 This stipulation constitutes a compromise settlement of Kimberly Sue Manor'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 Kimberly Sue Manor and/or Laura E. Krank 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 Laura E. Krank 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: October 23, 2023 Respectfully submitted, 6 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 7 /s/ Laura E. Krank BY: _________________________ 8 Laura E. Krank Attorney for plaintiff Kimberly Sue Manor DATED: October 23, 2023 PHILLIP A. TALBERT United States Attorney 12 MATHEW W. PILE Associate General Counsel 13 Social Security Administration /s/ Timothy R. Bolin 16 TIMOTHY R. BOLIN Special Assistant United States Attorney 17 Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of 18 Social Security (Per e-mail authorization)

ORDER Approved and so ordered.

DATED: October 26, 2023 /s/ DEBORAH BARNES 24 UNITED STATES MAGISTRATE JUDGE ___________________________________