(SS) Fillmore 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 Haley J. Fillmore

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

HALEY J. FILLMORE, ) Case No.: 2:20-cv-01599-DMC ) Plaintiff, ) STIPULATION AND ORDER FOR ) THE AWARD AND PAYMENT OF vs. ) ATTORNEY FEES PURSUANT TO ) THE EQUAL ACCESS TO JUSTICE KILOLO KIJAKAZI, ) ACT, 28 U.S.C. § 2412(d) AND NO Acting Commissioner of Social ) COSTS PURSUANT TO 28 U.S.C. § Security, ) 1920 ) Defendant. ) )

TO THE HONORABLE DENNIS M. COTA, 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 Haley J. Fillmore be awarded attorney fees in the amount of three thousand seven-hundred seventy- eight dollars and seventy five cents ($3,778.75) 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 Haley J. Fillmore, the government will consider the matter of Haley J. Fillmore'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 Haley J. Fillmore, but if the Department of the Treasury determines that Haley J. Fillmore 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 Haley J. Fillmore.1 Any payments made shall be delivered to Cyrus Safa. This stipulation constitutes a compromise settlement of Haley J. Fillmore'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 Haley J. Fillmore 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: December 8, 2021 Respectfully submitted,

LAW OFFICES OF LAWRENCE D. ROHLFING

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

DATED:December 8, 2021 PHILLIP A. TALBERT Acting United States Attorney PETER K. THOMPSON Regional Chief Counsel Social Security Administration

/s/ Daniel P. Talbert

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

Approved and so ordered: Dated: December 21, 2021 Svc. UNITED STATES MAGISTRATE