(SS) Martinez 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 Israel Modesto Martinez

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA ISRAEL MODESTO MARTINEZ, ) Case No.: 2:22-cv-02044-AC ) 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 ALLISON CLAIRE, 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 Israel Modesto Martinez (“Modesto Martinez”) be awarded attorney fees and expenses in the amount of four thousand three hundred twenty-six dollars and eleven cents ($4,326.11) 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 Modesto Martinez, the government will consider the matter of Modesto Martinez's assignment of EAJA fees to Matthew F. 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 Modesto Martinez, but if the Department of the Treasury determines that Modesto Martinez 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 Modesto Martinez.1 Any payments made shall be delivered to Matthew F. Holmberg.

17 This stipulation constitutes a compromise settlement of Modesto Martinez'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 Modesto Martinez 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 l 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: March 27, 2024 Respectfully submitted, 6 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 7 /s| Watthew F. Holuberg? g BY: Matthew F. Holmberg 9 Attorney for plaintiff Israel Modesto Martinez DATED: March 27, 2024 PHILLIP A. TALBERT United States Attorney 12 MATHEW W. PILE Associate General Counsel 13 Social Security Administration 15 /s/ Keadall Rees 16 KENDALL REES Special Assistant United States Attorney 17 Attorneys for Defendant MARTIN O'MALLEY, Commissioner of Social 18 Security (Per e-mail authorization) ORDER Approved and so ordered: DATE: April 1, 2024 ' ~ 22 Cthten— Lane ALLISON CLAIRE 23 UNITED STATES MAGISTRATE JUDGE 25 Counsel for the plaintiff attests that all other signatories listed, and on whose 76, || behalf the filing is submitted, concur in the filing’s content and have authorized the filing.