(SS) Bermea v. Commissioner of Social Security

Opinion

Cyrus Safa Attorney at Law: 282971 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 Frank Roseli Bermea

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

FRANK ROSELI BERMEA, ) Case No.: 1:20-cv-01232-BAM ) Plaintiff, ) STIPULATION AND ORDER FOR ) THE AWARD AND PAYMENT OF vs. ) ATTORNEY FEES AND EXPENSES ) PURSUANT TO THE EQUAL ANDREW SAUL, ) ACCESS TO JUSTICE ACT, 28 U.S.C. Commissioner of Social Security, ) § 2412(d) ) Defendant. ) ) )

TO THE HONORABLE BARBARA A. MCAULIFFE, 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 Frank Roseli Bermea be awarded attorney fees in the amount of nine hundred ninety-one dollars ($991.35) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). 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 Frank Roseli Bermea, the government will consider the matter of Frank Roseli Bermea's assignment of EAJA fees to Cyrus Safa. 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 Frank Roseli Bermea, but if the Department of the Treasury determines that Frank Roseli Bermea 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 Frank Roseli Bermea.1 Any payments made shall be delivered to Cyrus Safa. This stipulation constitutes a compromise settlement of Frank Roseli Bermea'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 Frank Roseli Bermea and/or Cyrus Safa 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 This award is without prejudice to the rights of Cyrus Safa 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: June 25, 2021 Respectfully submitted,

LAW OFFICES OF LAWRENCE D. ROHLFING

/s/ Cyrus Safa BY: __________________ Cyrus Safa Attorney for plaintiff

DATED:June 25, 2021 PHILLIP TALBERT Acting United States Attorney

/s/ Daniel P. Talbert

Special Assistant United States Attorney Attorneys for Defendant ANDREW SAUL, Commissioner of Social Security (Per e-mail authorization)

ORDER Based upon the parties’ Stipulation for the Award and Payment of Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) filed on June 28, 2021 (Doc. No. 14.): /// /// /// /// /// IT IS HEREBY ORDERED that attorney fees in the amount of NINE HUNDRED NINETY-ONE DOLLARS ($991.35) be awarded subject to the terms of the stipulation.

IT IS SO ORDERED.

Dated: June 30, 2021 /s/ Barbara A. McAuliffe _ 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 June 25, 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: Mr. Frank Roseli Bermea, Jr. 80 North Poplar Street Sonora, CA 95370

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. Cyrus Safa ___ /s/ Cyrus Safa____________ FOR CASE NUMBER 1:20-CV-01232-BAM 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 June 25, 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/ Cyrus Safa _______________________________ Cyrus Safa Attorneys for Plaintiff