Opinion
Case No.: CV 10-1566 DLB
08-08-2011
JOANALEE J. PETERSON, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
Marc V. Kalagian Attorney at Law: 149034 Law Offices of Rohlfing & Kalagian, LLP Attorneys for Plaintiff Joanalee J. Peterson
Marc V. Kalagian
Attorney at Law: 149034
Law Offices of Rohlfing & Kalagian, LLP
Attorneys for Plaintiff
Joanalee J. Peterson
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)
TO THE HONORABLE DENNIS L. BECK, 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 Joanalee J. Peterson be awarded attorney fees and expenses in the amount of TWO THOUSAND SIX HUNDRED dollars ($2,600.00) 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 Joanalee J. Peterson, the government will consider the matter of Joanalee J. Peterson's assignment of EAJA fees to Marc V. Kalagian. 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 Joanalee J. Peterson, but if the Department of the Treasury determines that Joanalee J. Peterson 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 Joanalee J. Peterson. Any payments made shall be delivered to Marc V. Kalagian.
This stipulation constitutes a compromise settlement of Joanalee J. Peterson'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 Joanalee J. Peterson and/or Marc V. Kalagian including Law Offices of Rohlfing & Kalagian, LLP may have relating to EAJA attorney fees in connection with this action.
Marc V. Kalagian reserves the right to contend that any non-payment caused by the collection of a federal debt owed by Joanalee J. Peterson 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 Marc V. Kalagian 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 Marc V. Kalagian 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.
Respectfully submitted,
ROHLFING & KALAGIAN, LLP
BY: Marc V. Kalagian
Attorney for plaintiff Joanalee J. Peterson
BENJAMIN B. WAGNER
United States Attorney
IT IS SO ORDERED.
Francesco Benavides
Special Assistant United States Attorney
Attorneys for Defendant Michael J. Astrue,
Commissioner of Social Security
(Per e-mail authorization)
UNITED STATES MAGISTRATE JUDGE