(SS) Wailes v. Commissioner of Social Security

1 Matthew F. Holmberg Attorney at Law: 321167 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 John Charles Wailes

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA JOHN CHARLES WAILES, ) Case No.: 2:24-cv-00836-JDP ) 12 Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND 13 vs. ) PAYMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT TO MARTIN O'MALLEY, ) THE EQUAL ACCESS TO JUSTICE Commissioner of Social Security, ) ACT, 28 U.S.C. § 2412(d) AND 15 ) COSTS PURSUANT TO 28 U.S.C. § Defendant. ) 1920 16 ) ) 18 TO THE HONORABLE JEREMY D. PETERSON, 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 John Charles Wailes (“Wailes”) be awarded attorney fees and expenses in the amount of four thousand seven hundred and twenty-five dollars ($4,725.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of four hundred and five dollars ($405.00) 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).

3 After the Court issues an order for EAJA fees to Wailes, the government will consider the matter of Wailes's assignment of EAJA fees to Matthew F.

5 Holmberg. 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 Wailes, but if the Department of the Treasury determines that Wailes 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 Wailes.1 Counsel agrees that any payment may be made either by electronic fund transfer (ETF) or by check.

17 This stipulation constitutes a compromise settlement of Wailes'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 Wailes and/or Matthew F. Holmberg 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 ] This award is without prejudice to the rights of Matthew F. Holmberg 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: September 19, 2024 Respectfully submitted, 6 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 7 /s| WUatthew F. Holuberg? g BY: Matthew F. Holmberg 9 Attorney for plaintiff John Charles Wailes DATED: September 19, 2024 PHILLIP A. TALBERT United States Attorney 11 MATHEW W. PILE Associate General Counsel 12 Social Security Administration 13 /s/ Wary Peat 14 MARY TSAI Special Assistant United States Attorney 15 Attorneys for Defendant MARTIN O'MALLEY, Commissioner of Social 16 Security (Per e-mail authorization) 18 ORDER |/IT IS SO ORDERED.

21 / _ Dated: _ October 2, 2024 q———_ JEREMY D. PETERSON 23 UNITED STATES MAGISTRATE JUDGE |!2 Counsel for the plaintiff attests that all other signatories listed, and on whose || behalf the filing is submitted, concur in the filing’s content and have authorized the filing.