(SS) Usanovic v. Commissioner of Social Security

Opinion

Matthew F. Holmberg Attorney at Law: 321167 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 Kelly Marie Usanovic

KELLY MARIE USANOVIC, ) No. 2:21-cv-1168 DB ) Plaintiff, ) STIPULATION AND ORDER FOR ) THE AWARD AND PAYMENT OF vs. ) ATTORNEY FEES AND EXPENSES ) PURSUANT TO THE EQUAL KILOLO KIJAKAZI, ) ACCESS TO JUSTICE ACT, 28 U.S.C. Acting Commissioner of Social ) § 2412(d) AND COSTS PURSUANT Security, ) TO 28 U.S.C. § 1920 ) Defendant. ) ) 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 Kelly Marie Usanovic be awarded attorney fees and expenses in the amount of three thousand and seven hundred dollars ($3,700.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of four hundred and two dollars ($402.00) 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 Kelly Marie Usanovic, the government will consider the matter of Kelly Marie Usanovic's assignment of EAJA fees to Matthew F. Holmberg. 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 Kelly Marie Usanovic, but if the Department of the Treasury determines that Kelly Marie Usanovic 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 Kelly Marie Usanovic.1 Any payments made shall be delivered to Matthew F. Holmberg. This stipulation constitutes a compromise settlement of Kelly Marie Usanovic'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 Kelly Marie Usanovic and/or Matthew F. Holmberg including Law Offices of Lawrence D. Rohlfing, Inc., CPC 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 Matthew F. Holmberg 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. DATE: October 18, 2023 Respectfully submitted, LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC

/s/ Matthew F. Holmberg BY: _________________________ Matthew F. Holmberg Attorney for plaintiff Kelly Marie Usanovic

DATED: October 18, 2023 PHILLIP A. TALBERT United States Attorney Associate General Counsel Social Security Administration

/s/ Margaret Branick-Abilla

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

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

DATED: October 23, 2023 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE