(SS) Billings 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 Joyce Pamela Billings

JOYCE PAMELA BILLINGS, ) No. 2:18-cv-00935-DB ) 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) AND COSTS PURSUANT ) TO 28 U.S.C. § 1920 Defendant. ) ) ) 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 Joyce Pamela Billings be awarded attorney fees and expenses in the amount of three thousand one hundred fifty dollars ($3,150.00) 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 Joyce Pamela Billings, the government will consider the matter of Joyce Pamela Billings'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 Joyce Pamela Billings, but if the Department of the Treasury determines that Joyce Pamela Billings 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 Joyce Pamela Billings.1 Any payments made shall be delivered to Lawrence D. Rohlfing. This stipulation constitutes a compromise settlement of Joyce Pamela Billings'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 Joyce Pamela Billings 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 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: September 25, 2019 Respectfully submitted,

LAW OFFICES OF LAWRENCE D. ROHLFING

/s/ Lawrence D. Rohlfing BY: __________________ Lawrence D. Rohlfing Attorney for plaintiff Joyce Pamela Billings DATED: September 26, 2019 MCGREGOR W. SCOTT United States Attorney

/s/ S. Wyeth McAdam S. WYETH MCADAM Special Assistant United States Attorney Attorneys for Defendant ANDREW SAUL, Commissioner of Social Security (Per e-mail authorization)

Pursuant to the parties’ stipulation, IT IS SO ORDERED.

DATED: October 11, 2019 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE