(SS) Thompson v. Commissioner of Social Security

Opinion

1 Lawrence D. Rohlfing Attorney at Law: 119433 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 Freddy E. Thompson

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FREDDY E. THOMPSON, ) Case No.: 2:23-cv-00491-DMC ) 12 Plaintiff, ) STIPULATION AND ORDER FOR ) THE AWARD AND PAYMENT OF 13 vs. ) ATTORNEY FEES AND EXPENSES ) PURSUANT TO THE EQUAL 14 KILOLO KIJAKAZI, ) ACCESS TO JUSTICE ACT, 28 U.S.C. Acting Commissioner of Social ) § 2412(d) AND COSTS PURSUANT 15 Security, ) TO 28 U.S.C. § 1920 ) 16 Defendant. ) ) 17 18 TO THE HONORABLE DENNIS M. COTA, MAGISTRATE JUDGE OF 19 THE DISTRICT COURT: 20 IT IS HEREBY STIPULATED, by and between the parties through their 21 undersigned counsel, subject to the approval of the Court, that Freddy E. 22 Thompson be awarded attorney fees and expenses in the amount of one thousand 23 four hundred sixty-five dollars ($1,465.00) under the Equal Access to Justice Act 24 (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This amount 25 represents compensation for all legal services rendered on behalf of Thompson by 26 1 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2 2412(d). 3 After the Court issues an order for EAJA fees to Thompson, the government 4 will consider the matter of Thompson's assignment of EAJA fees to Lawrence D. 5 Rohlfing. The retainer agreement containing the assignment is attached as exhibit 6 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor 7 the assignment will depend on whether the fees are subject to any offset allowed 8 under the United States Department of the Treasury's Offset Program. After the 9 order for EAJA fees is entered, the government will determine whether they are 10 subject to any offset. 11 Fees shall be made payable to Thompson, but if the Department of the 12 Treasury determines that Thompson does not owe a federal debt, then the 13 government shall cause the payment of fees, expenses and costs to be made 14 directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the 15 assignment executed by Thompson.1 Any payments made shall be delivered to 16 Lawrence D. Rohlfing. 17 This stipulation constitutes a compromise settlement of Freddy E.

18 Thompson's request for EAJA attorney fees and does not constitute an admission 19 of liability on the part of Defendant under the EAJA or otherwise. Payment of the 20 agreed amount shall constitute a complete release from, and bar to, any and all 21 claims that Freddy E. Thompson and/or Lawrence D. Rohlfing including Law 22 Offices of Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney 23 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 Lawrence D. Rohlfing and/or 2 || the 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: July 18, 2023 Respectfully submitted, 6 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 7 /s/ LawnenceD. Rolfing BY: 8 Lawrence D. Rohlfing 9 Attorney for plaintiff Freddy E. Thompson 10 1 DATED: July 18, 2023 PHILLIP A. TALBERT United States Attorney 12 MATHEW W. PILE Associate General Counsel 13 Social Security Administration 14 15 |s/ Franco L, Beeia

16 FRANCO L. BECIA Special Assistant United States 17 || Attorney Attorneys for Defendant 18 KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization) 19 20 a1 ORDER 22 Approved and so ordered: 23 Dated: August 7, 2023 Smo 24 DENNIS M. COTA 25 UNITED STATES MAGISTRATE JUDGE