Opinion
Case No.: 1:09-cv-1410 SMS.
April 20, 2011
Laura E. Krank, Attorney at Law: 220208, Law Offices of Rohlfing Kalagian, LLP, Long Beach, CA, Attorneys for Plaintiff, Malay Kong.
Jeffrey Chen, Special Assistant United States Attorney, Attorneys for Defendant Michael J. Astrue, Commissioner of Social Security, (Per e-mail authorization).
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); ORDER
TO THE HONORABLE SANDRA M. SNYDER, 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 Malay Kong be awarded attorney fees and expenses in the amount of FOUR THOUSAND TWO HUNDRED dollars ($4,200.00) 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 Malay Kong, the government will consider the matter of Malay Kong's assignment of EAJA fees to Laura E. Krank. Pursuant to Astrue v. Ratliff, ___ U.S. ___, 2010 WL 2346547 (June 14, 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 Malay Kong, but if the Department of the Treasury determines that Malay Kong 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 Rohlfing Kalagian, LLP, pursuant to the assignment executed by Malay Kong. Any payments made shall be delivered to Laura E. Krank.
This stipulation constitutes a compromise settlement of Malay Kong'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 Malay Kong and/or Laura E. Krank including Law Offices of Rohlfing Kalagian, LLP may have relating to EAJA attorney fees in connection with this action.
Laura E. Krank reserves the right to contend that any non-payment caused by the collection of a federal debt owed by Malay Kong 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 Laura E. Krank 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 Laura E. Krank and/or Rohlfing Kalagian, LLP to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
IT IS SO ORDERED.