Opinion
Case No.: 10-CV 00821 GSA
09-06-2011
RENA R HOWARD, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
Respectfully submitted, LAW OFFICES OF LAWRENCE D. ROHLFING BY: Brian C. Shapiro Attorney for plaintiff Rena R Howard BENJAMIN B. WAGNER United States Attorney Francesco Benavides Special Assistant United States Attorney Attorneys for Defendant Michael J. Astrue, Commissioner of Social Security (Per e-mail authorization)
Brian C. Shapiro
Attorney at Law: 192789
Law Offices of Lawrence D. Rohlfing
Attorneys for Plaintiff
Rena R Howard
ORDER ON STIPULATION FOR
THE AWARD AND PAYMENT OF
ATTORNEY FEES AND EXPENSES
PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C.
§ 2412(d) AND COSTS PURSUANT
TO 28 U.S.C. § 1920
TO THE HONORABLE GARY S. AUSTIN, 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 Rena R Howard be awarded attorney fees and expenses in the amount of FOUR THOUSAND THREE HUNDRED dollars ($4,300) 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 Rena R Howard, the government will consider the matter of Rena R Howard's assignment of EAJA fees to Brian C. Shapiro. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (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 Rena R Howard, but if the Department of the Treasury determines that Rena R Howard 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, pursuant to the assignment executed by Rena R Howard. Any payments made shall be delivered to Brian C. Shapiro.
This stipulation constitutes a compromise settlement of Rena R Howard's request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Rena R Howard and/or Brian C. Shapiro including Law Offices of Lawrence D. Rohlfing may have relating to EAJA attorney fees in connection with this action.
Brian C. Shapiro reserves the right to contend that any non-payment caused by the collection of a federal debt owed by Rena R Howard violates 31 C.F.R. § 285.5(e)(5) and Morrison v. C.I.R., 565 F.3d 658, 667 (9th Cir. 2009). Nothing in this stipulation shall be construed as an admission by Brian C. Shapiro that the Government has the right or authority to offset the fees due and payable pursuant to this stipulation.
This award is without prejudice to the rights of Brian C. Shapiro and/or Lawrence D. Rohlfing to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING
BY: Brian C. Shapiro
Attorney for plaintiff Rena R Howard
BENJAMIN B. WAGNER
United States Attorney
Francesco Benavides
Special Assistant United States Attorney
Attorneys for Defendant Michael J. Astrue,
Commissioner of Social Security
(Per e-mail authorization)
ORDER
IT IS ORDERED that counsel for Plaintiff is awarded attorney fees and costs pursuant to the Equal Access to Justice Act ("EAJA") in the amount FOUR THOUSAND THREE HUNDRED DOLLARS and no/100's ($4,300.00), as authorized by 28 U.S.C. 2412(d), and subject to the terms and conditions of the Stipulation. IT IS SO ORDERED.
Gary S. Austin
UNITED STATES MAGISTRATE JUDGE