(SS) Cooper v. Commissioner of Social Security

E.D. California

(SS) Cooper v. Commissioner of Social Security

DecidedMarch 8, 2023

Docket1:22-cv-01140

StatusUnknown

This text of (SS) Cooper v. Commissioner of Social Security ((SS) Cooper v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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(SS) Cooper v. Commissioner of Social Security, (E.D. Cal. 2023).

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1 Young Cho Attorney at Law: 189870 2 Law Offices of Lawrence D. Rohlfing, Inc., CPC 12631 East Imperial Highway, Suite C-115 3 Santa Fe Springs, CA 90670 Tel.: (562) 868-5886 4 Fax: (562) 868-8868 E-mail: rohlfing.office@rohlfinglaw.com 5 Attorneys for Plaintiff 6 Melissa Jane Collins Cooper

10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 MELISSA JANE COLLINS COOPER, ) Case No.: 1:22-cv-01140-SKO ) 14 Plaintiff, ) ORDER GRANTING STIPULATION ) AND UNOPPOSED MOTION FOR 15 vs. ) THE AWARD AND PAYMENT OF ) ATTORNEY FEES AND EXPENSES 16 KILOLO KIJAKAZI, ) PURSUANT TO THE EQUAL Acting Commissioner of Social ) ACCESS TO JUSTICE ACT, 28 U.S.C. 17 Security, ) § 2412(d) AND COSTS PURSUANT ) TO 28 U.S.C. § 1920 18 Defendant. ) ) (Doc. 18) 19 20 TO THE HONORABLE SHEILA OBERTO, MAGISTRATE JUDGE OF 21 THE DISTRICT COURT: 22 IT IS HEREBY STIPULATED by and between the parties through their 23 undersigned counsel, subject to the approval of the Court, that Melissa Jane Collins 24 Cooper be awarded attorney fees and expenses in the amount of one thousand three 25 hundred dollars ($1,300.00) under the Equal Access to Justice Act (EAJA), 28 26 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This amount represents 1 compensation for all legal services rendered on behalf of Plaintiff by counsel in 2 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 Cooper, the government 4 will consider the matter of Cooper's assignment of EAJA fees to Young Cho. The 5 retainer agreement containing the assignment is attached as exhibit 1. Pursuant to 6 Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the assignment 7 will depend on whether the fees are subject to any offset allowed under the United 8 States Department of the Treasury's Offset Program. After the order for EAJA fees 9 is entered, the government will determine whether they are subject to any offset. 10 Fees shall be made payable to Cooper, but if the Department of the Treasury 11 determines that Cooper does not owe a federal debt, then the government shall 12 cause the payment of fees, expenses and costs to be made directly to Law Offices 13 of Lawrence D. Rohlfing, Inc., CPC, pursuant to the assignment executed by 14 Cooper.1 Any payments made shall be delivered to Young Cho. 15 This stipulation constitutes a compromise settlement of Melissa Jane 16 Collins Cooper's request for EAJA attorney fees, and does not constitute an 17 admission of liability on the part of Defendant under the EAJA or 18 otherwise. Payment of the agreed amount shall constitute a complete release from,

19 and bar to, any and all claims that Cooper and/or Young Cho including Law 20 Offices of Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney 21 fees in connection with this action. 22 This award is without prejudice to the rights of Young Cho and/or the Law 23 Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act attorney 24

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 26 1 fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 2 EAJA. 3 DATE: March 7, 2023 Respectfully submitted, 4 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC

5 /s/ Young Cho BY: _________________________ 6 Young Cho Attorney for plaintiff Melissa Jane Collins Cooper 7

8 DATE: March 7, 2023 PHILLIP A. TALBERT 9 United States Attorney MATHEW W. PILE 10 Associate General Counsel Office of Program Litigation, Office 7 11 Social Security Administration

12 /s/ Mary Tsai 13

14 MARY TSAI Special Assistant United States 15 Attorney Attorneys for Defendant KILOLO KIJAKAZI, 16 Acting Commissioner of Social Security (Per e-mail authorization) 17

18 ORDER

19 Based upon the foregoing Stipulation and Unopposed Motion for the Award 20 and Payment of Equal Access to Justice Act Fees, Costs, and Expenses (Doc. 18), 21 IT IS ORDERED that fees and expenses in the amount of $1,300.00 as 22 authorized by 28 U.S.C. § 2412, and no costs under 28 U.S.C. § 1920, be awarded 23 subject to the terms of the Stipulation and Unopposed Motion. 24 IT IS SO ORDERED. 25 Dated: March 8, 2023 /s/ Sheila K. Oberto . 26 1

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1 Young Cho Attorney at Law: 189870 2 Law Offices of Lawrence D. Rohlfing, Inc., CPC 12631 East Imperial Highway, Suite C-115 3 Santa Fe Springs, CA 90670 Tel.: (562) 868-5886 4 Fax: (562) 868-8868 E-mail: rohlfing.office@rohlfinglaw.com 5 Attorneys for Plaintiff 6 Melissa Jane Collins Cooper

10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 MELISSA JANE COLLINS COOPER, ) Case No.: 1:22-cv-01140-SKO ) 14 Plaintiff, ) ORDER GRANTING STIPULATION ) AND UNOPPOSED MOTION FOR 15 vs. ) THE AWARD AND PAYMENT OF ) ATTORNEY FEES AND EXPENSES 16 KILOLO KIJAKAZI, ) PURSUANT TO THE EQUAL Acting Commissioner of Social ) ACCESS TO JUSTICE ACT, 28 U.S.C. 17 Security, ) § 2412(d) AND COSTS PURSUANT ) TO 28 U.S.C. § 1920 18 Defendant. ) ) (Doc. 18) 19 20 TO THE HONORABLE SHEILA OBERTO, MAGISTRATE JUDGE OF 21 THE DISTRICT COURT: 22 IT IS HEREBY STIPULATED by and between the parties through their 23 undersigned counsel, subject to the approval of the Court, that Melissa Jane Collins 24 Cooper be awarded attorney fees and expenses in the amount of one thousand three 25 hundred dollars ($1,300.00) under the Equal Access to Justice Act (EAJA), 28 26 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This amount represents 1 compensation for all legal services rendered on behalf of Plaintiff by counsel in 2 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 Cooper, the government 4 will consider the matter of Cooper's assignment of EAJA fees to Young Cho. The 5 retainer agreement containing the assignment is attached as exhibit 1. Pursuant to 6 Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the assignment 7 will depend on whether the fees are subject to any offset allowed under the United 8 States Department of the Treasury's Offset Program. After the order for EAJA fees 9 is entered, the government will determine whether they are subject to any offset. 10 Fees shall be made payable to Cooper, but if the Department of the Treasury 11 determines that Cooper does not owe a federal debt, then the government shall 12 cause the payment of fees, expenses and costs to be made directly to Law Offices 13 of Lawrence D. Rohlfing, Inc., CPC, pursuant to the assignment executed by 14 Cooper.1 Any payments made shall be delivered to Young Cho. 15 This stipulation constitutes a compromise settlement of Melissa Jane 16 Collins Cooper's request for EAJA attorney fees, and does not constitute an 17 admission of liability on the part of Defendant under the EAJA or 18 otherwise. Payment of the agreed amount shall constitute a complete release from,

19 and bar to, any and all claims that Cooper and/or Young Cho including Law 20 Offices of Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney 21 fees in connection with this action. 22 This award is without prejudice to the rights of Young Cho and/or the Law 23 Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act attorney 24

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 26 1 fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 2 EAJA. 3 DATE: March 7, 2023 Respectfully submitted, 4 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC

5 /s/ Young Cho BY: _________________________ 6 Young Cho Attorney for plaintiff Melissa Jane Collins Cooper 7

8 DATE: March 7, 2023 PHILLIP A. TALBERT 9 United States Attorney MATHEW W. PILE 10 Associate General Counsel Office of Program Litigation, Office 7 11 Social Security Administration

12 /s/ Mary Tsai 13

14 MARY TSAI Special Assistant United States 15 Attorney Attorneys for Defendant KILOLO KIJAKAZI, 16 Acting Commissioner of Social Security (Per e-mail authorization) 17

18 ORDER

19 Based upon the foregoing Stipulation and Unopposed Motion for the Award 20 and Payment of Equal Access to Justice Act Fees, Costs, and Expenses (Doc. 18), 21 IT IS ORDERED that fees and expenses in the amount of $1,300.00 as 22 authorized by 28 U.S.C. § 2412, and no costs under 28 U.S.C. § 1920, be awarded 23 subject to the terms of the Stipulation and Unopposed Motion. 24 IT IS SO ORDERED. 25 Dated: March 8, 2023 /s/ Sheila K. Oberto . 26 1

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