(SS) Flooreich v. Commissioner of Social Security

Opinion

Marc V. Kalagian Attorney at Law: 149034 Law Offices of Rohlfing & Kalagian, LLP 211 East Ocean Boulevard, Suite 420 Long Beach, CA 90802 Tel.: (562) 437-7006 Fax: (562) 432-2935 E-mail: rohlfing.kalagian@rksslaw.com Attorneys for Plaintiff Steve Florreich

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

STEVE FLORREICH, ) Case No.: 2:20-cv-00727-AC ) Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND vs. ) PAYMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT TO ANDREW SAUL, ) THE EQUAL ACCESS TO JUSTICE Commissioner of Social Security, ) ACT, 28 U.S.C. § 2412(d) AND ) COSTS PURSUANT TO 28 U.S.C. § Defendant. ) 1920 ) )

TO THE HONORABLE ALLISON CLAIRE, 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 Steve Florreich be awarded attorney fees in the amount of One Thousand,One Hundred dollars ($1,100.00) 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 Steve Florreich, the government will consider the matter of Steve Florreich's assignment of EAJA fees to Marc V. Kalagian. 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 Steve Florreich, but if the Department of the Treasury determines that Steve Florreich 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 Rohlfing & Kalagian, LLP, pursuant to the assignment executed by Steve Florreich.1 Any payments made shall be delivered to Marc V. Kalagian. This stipulation constitutes a compromise settlement of Steve Florreich'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 Steve

Florreich and/or Marc V. Kalagian including Law Offices of Rohlfing & Kalagian, LLP may have relating to EAJA attorney fees in connection with this action. This award is without prejudice to the rights of Marc V. Kalagian and/or the Law Offices of Rohlfing & Kalagian, LLP to seek Social Security Act attorney

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 fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. DATE: December 18, 2020 Respectfully submitted, /s| UareV. Kalagian BY: Marc V. Kalagian Attorney for plaintiff DATED: December 18, 2020 McGREGOR W. SCOTT United States Attorney

Special Assistant United States Attorney Attorneys for Defendant ANDREW SAUL, Commissioner of Social Security (Per e-mail authorization) ORDER Approved and so ordered: DATE: December 21, 2020 “ 71 CMhun—Clone ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE