(SS) Agans v. Commissioner of Social Security

Opinion

Lawrence D. Rohlfing Attorney at Law: 119433 Law Offices of Lawrence D. Rohlfing 12631 East Imperial Highway, Suite C-115 Santa Fe Springs, CA 90670 Tel.: (562) 868-5886 Fax: (562) 868-8868 E-mail: rohlfing.office@rohlfinglaw.com Attorneys for Plaintiff Chandra Tara Agans

CHANDRA TARA AGANS, ) Case No.: 2:20-cv-00508-AC ) Plaintiff, ) STIPULATION FOR THE AWARD ) AND PAYMENT OF ATTORNEY vs. ) FEES AND EXPENSES PURSUANT ) TO THE EQUAL ACCESS TO ANDREW SAUL, ) JUSTICE ACT, 28 U.S.C. § 2412(d) Commissioner of Social Security, ) AND COSTS PURSUANT TO 28 ) U.S.C. § 1920 Defendant. ) ) ) TO THE HONORABLE ALLISON CLAIRE, 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 Chandra Tara Agans be awarded attorney fees and expenses in the amount of three thousand eight hundred dollars ($3,800.00) 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). After the Court issues an order for EAJA fees to Chandra Tara Agans, the government will consider the matter of Chandra Tara Agans's assignment of EAJA fees to Lawrence D. 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. Fees shall be made payable to Chandra Tara Agans, but if the Department of the Treasury determines that Chandra Tara Agans 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, pursuant to the assignment executed by Chandra Tara Agans.1 Any payments made shall be delivered to Lawrence D. Rohlfing. This stipulation constitutes a compromise settlement of Chandra Tara Agans'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 Chandra Tara Agans and/or Lawrence D. Rohlfing including Law Offices of Lawrence D. Rohlfing may have relating to EAJA attorney fees in connection with this action.

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 Lawrence D. Rohlfing and/or the Law Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. DATE: May 18, 2021 Respectfully submitted, LAW OFFICES OF LAWRENCE D. ROHLFING s/ Lawrence D. Rolllfing BY: Lawrence D. Rohlfing Attorney for plaintiff Chandra Tara Agans DATED: PHILLIP TALBERT Acting United States Attorney /s/ Ellcaor Coder D ELLINOR CODER Special Assistant United States Attorney Attorneys for Defendant ANDREW SAUL, Commissioner of Social Security (Per e-mail authorization) V7 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act Fees, Costs, and Expenses: IT IS ORDERED that fees and expenses in the amount of $3,800.00 as authorized by 28 U.S.C. § 2412, and no costs authorized by 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation. DATED: May 19, 2021. Chtten— Lhar—e- 95 UNITED STATES MAGISTRATE JUDGE

I am employed in the county of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 12631 East Imperial Highway, Suite C-115, Santa Fe Springs, California 90670. On this day of May 19, 2021, I served the foregoing document described as 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. § 1920 on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Ms. Chandra Tara Agans 616 W. Pine St. Lodi, CA 95240

I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at Santa Fe Springs, California. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. I declare that I am employed in the office of a member of this court at whose direction the service was made. Lawrence D. Rohlfing ___ /s/ Lawrence D. Rohlfing____________ FOR CASE NUMBER 2:20-CV-00508-AC I hereby certify that I electronically filed the foregoing with the Clerk of the Court for this court by using the CM/ECF system on May 19, 2021. I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the CM/ECF system, except the plaintiff served herewith by mail. /s/ Lawrence D. Rohlfing _______________________________ Lawrence D. Rohlfing Attorneys for Plaintiff