(SS) Kuhn v. Commissioner of Social Security

Opinion

1 Steven G. Rosales Attorney at Law: 222224 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 Susan Marie Kuhn

9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11

12 SUSAN MARIE KUHN, ) No. 2:22-cv-1835 DB 13 ) Plaintiff, ) STIPULATION FOR THE AWARD 14 ) AND PAYMENT OF ATTORNEY vs. ) FEES AND EXPENSES PURSUANT 15 ) TO THE EQUAL ACCESS TO MARTIN O'MALLEY, ) JUSTICE ACT, 28 U.S.C. § 2412(d) 16 Commissioner of Social Security, ) AND COSTS PURSUANT TO 28 ) U.S.C. § 1920 17 Defendant. ) ) 18 )

19 TO THE HONORABLE DEBORAH BARNES, MAGISTRATE JUDGE 20 OF THE DISTRICT COURT: 21 IT IS HEREBY STIPULATED by and between the parties through their 22 undersigned counsel, subject to the approval of the Court, that Susan Marie Kuhn 23 (“Kuhn”) be awarded attorney fees and expenses in the amount of SEVEN 24 THOUSAND ONE HUNDRED dollars ($7,100.00) under the Equal Access to 25 Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. 26 1 This amount represents compensation for all legal services rendered on behalf of 2 Plaintiff by counsel in connection with this civil action, in accordance with 28 3 U.S.C. §§ 1920; 2412(d). 4 After the Court issues an order for EAJA fees to Kuhn, the government will 5 consider the matter of Kuhn's assignment of EAJA fees to Law Offices of 6 Lawrence D. Rohlfing, Inc., CPC. The retainer agreement containing the 7 assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 8 2529 (2010), the ability to honor the assignment will depend on whether the fees 9 are subject to any offset allowed under the United States Department of the 10 Treasury's Offset Program. After the order for EAJA fees is entered, the 11 government will determine whether they are subject to any offset. 12 Fees shall be made payable to Kuhn, but if the Department of the Treasury 13 determines that Kuhn does not owe a federal debt, then the government shall cause 14 the payment of fees, expenses and costs to be made directly to Law Offices of 15 Lawrence D. Rohlfing, Inc., CPC, pursuant to the assignment executed by Kuhn.1 16 Any payments made shall be delivered to Law Offices of Lawrence D. Rohlfing, 17 Inc., CPC. 18 This stipulation constitutes a compromise settlement of Kuhn's request for

19 EAJA attorney fees, and does not constitute an admission of liability on the part of 20 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 21 constitute a complete release from, and bar to, any and all claims that Kuhn and/or 22 Steven G. Rosales including Law Offices of Lawrence D. Rohlfing, Inc., CPC may 23 have relating to EAJA attorney fees in connection with this action. 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 This award is without prejudice to the rights of Steven G. Rosales and/or the 2 Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act 3 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of 4 the EAJA. 5 DATE: April 22, 2024 Respectfully submitted, 6 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC

7 /s/ Steven G. Rosales2 BY: _________________________ 8 Steven G. Rosales Attorney for plaintiff Susan Marie Kuhn 9

10 DATED: April 25, 2024 11 E. MARTIN ESTRADA 12 United States Attorney DAVID M. HARRIS 13 Assistant United States Attorney Chief, Civil Division Assistant United States Attorney 15 Senior Trial Attorney, Civil Division

16 /s/ Erin Jurrens 17

Special Assistant United States Attorney 19 Attorneys for Defendant MARTIN O'MALLEY, Commissioner of Social Security 20 (Per e-mail authorization)

21 22 23 24

25 2 Counsel for the plaintiff attests that all other signatories listed, and on whose behalf the filing is submitted, concur in the filing’s content and have authorized the 26

2 Pursuant to the parties’ stipulation, IT IS SO ORDERED.

3 DATED: April 26, 2024 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 4

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