(SS) Katherine Ashmore v. Commissioner of Social Security

Opinion

Young Cho Attorney at Law: 189870 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 Katherine Ashmore

KATHERINE ASHMORE, ) Case No.: 1:20-cv-00817-EPG ) Plaintiff, ) STIPULATION AND ORDER FOR THE ) AWARD AND PAYMENT OF ATTORNEY vs. ) FEES AND EXPENSES PURSUANT TO ) THE EQUAL ACCESS TO JUSTICE ACT, KILOLO KIJAKAZI, ) 28 U.S.C. § 2412(d) AND COSTS Acting Commissioner of Social Security, ) PURSUANT TO 28 U.S.C. § 1920 ) Defendant. ) (ECF No. 29) ) ) TO THE HONORABLE ERICA P. GROSJEAN, 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 Katherine Ashmore be awarded attorney fees in the amount of five thousand six hundred dollars ($5,600.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of zero dollars ($0) 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 Ashmore, the government will consider the matter of Ashmore's assignment of EAJA fees to Young Cho. 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 Ashmore, but if the Department of the Treasury determines that Ashmore 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 Ashmore.1 Any payments made shall be delivered to Young Cho. This stipulation constitutes a compromise settlement of Ashmore'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 Ashmore and/or Young Cho including Law Offices of Lawrence

D. Rohlfing, Inc., CPC may have relating to EAJA attorney fees in connection with this action. This award is without prejudice to the rights of Young Cho 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 EAJA.

1 The parties do not stipulate whether counsel for the plaintiff has a cognizable lien under federal DATE: May 12, 2022 Respectfully submitted, LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC

/s/ Young Cho BY: _________________________ Young Cho Attorney for plaintiff Katherine Ashmore

DATE: May 12, 2022 PHILLIP A. TALBERT Acting United States Attorney PETER K. THOMPSON Regional Chief Counsel Social Security Administration

/s/ Oscar Gonzalez de Llano OSCAR GONZALEZ DE LLANO Special Assistant United States Attorney Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization)

Based on the parties’ stipulation (ECF No. 29) for award of attorney fees pursuant to the

Equal Access to Justice Act, 28 U.S.C. § 2412(d), attorney fees in the amount of five thousand six hundred dollars ($5,600) shall be awarded subject to the terms of the stipulation. No costs are awarded under 28 U.S.C. § 1920. ; IT IS SO ORDERED.

g || Dated: _ May 13, 2022 [see ey UNITED STATES MAGISTRATE JUDGE