(SS) Champ v. Commissioner of Social Security

Opinion

Cyrus Safa Attorney at Law: 282971 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: rohlfing.office@rohlfinglaw.com Attorneys for Plaintiff Barbara L. Champ

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

BARBARA L. CHAMP, ) Case No.: 1:20-cv-00018-BAK (SKO) ) Plaintiff, ) STIPULATION AND ORDER FOR ) vs. ) THE AWARD AND PAYMENT OF ) ATTORNEY FEES PURSUANT TO KILOLO KIJAKAZI, ) THE EQUAL ACCESS TO JUSTICE Acting Commissioner of Social ) ACT, 28 U.S.C. § 2412(d) AND Security, ) ) COSTS PURSUANT TO 28 U.S.C. § Defendant. ) 1920 ) (Doc. 30)

TO THE HONORABLE JENNIFER L. THURSTON, 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 Barbara L. Champ be awarded attorney fees in the amount of four thousand one hundred forty-four dollars and thirty-four cents dollars ($4,144.34) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of four hundred dollars ($400.00) 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). After the Court issues an order for EAJA fees to Barbara L. Champ, the government will consider the matter of Barbara L. Champ'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 Barbara L. Champ, but if the Department of the Treasury determines that Barbara L. Champ 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 Barbara L. Champ.1 Any payments made shall be delivered to Cyrus Safa. This stipulation constitutes a compromise settlement of Barbara L. Champ'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 Barbara L. Champ and/or Cyrus Safa including Law Offices of Lawrence D. Rohlfing, Inc., CPC 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, Inc., CPC to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the DATE: March 17, 2022 Respectfully submitted, LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC

/s/ Cyrus Safa BY: _________________________ Cyrus Safa Attorney for plaintiff Barbara L. Champ

DATED: March 17, 2022 PHILLIP A. TALBERT Acting United States Attorney Regional Chief Counsel Social Security Administration

/s/ Oscar Gonzalez

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

Based upon the parties’ foregoing STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. § 1920 (the “Stipulation”) (Doc. 30), IT IS ORDERED that attorney’s fees in the amount of four thousand one hundred forty-four dollars and thirty-four cents dollars ($4,144.34) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of four hundred dollars ($400.00) under 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation.

IT IS SO ORDERED.

Dated: March 21, 2022 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE