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Tina Johnson v. Michael J. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


May 17, 2011

TINA JOHNSON, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY,
DEFENDANT.

The opinion of the court was delivered by: The Honorable Ronald M. Whyte United States Magistrate Judge

STIPULATION AND ORDER 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 RONALD M. WHYTE, 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 Tina Johnson be 22 awarded attorney fees and expenses in the amount of TWO THOUSAND FIVE HUNDRED dollars ($2,500.00) under the Equal Access to Justice Act (EAJA), 28 24 U.S.C. § 2412(d). This amount represents compensation for all legal services 25 rendered on behalf of Plaintiff by counsel in connection with this civil action, in 26 accordance with 28 U.S.C. §§ 1920; 2412(d).

After the Court issues an order for EAJA fees to Tina Johnson, the government will consider the matter of Tina Johnson's assignment of EAJA fees to Marc V. Kalagian. Pursuant to Astrue v. Ratliff, ___ U.S. ___, 2010 WL 2346547 4 (June 14, 2010), the ability to honor the assignment will depend on whether the 5 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 7 government will determine whether they are subject to any offset.

Fees shall be made payable to Tina Johnson, but if the Department of the Treasury determines that Tina Johnson does not owe a federal debt, then the 10 government shall cause the payment of fees, expenses and costs to be made 11 directly to Law Offices of Rohlfing & Kalagian, LLP, pursuant to the assignment 12 executed by Tina Johnson. Any payments made shall be delivered to Marc V. 13 Kalagian.

This stipulation constitutes a compromise settlement of Tina Johnson's request for EAJA attorney fees, and does not constitute an admission of liability on 16 the part of Defendant under the EAJA. Payment of the agreed amount shall 17 constitute a complete release from, and bar to, any and all claims that Tina Johnson 18 and/or Marc V. Kalagian including Law Offices of Rohlfing & Kalagian, LLP may 19 have relating to EAJA attorney fees in connection with this action.

Marc V. Kalagian reserves the right to contend that any non-payment caused 21 by the collection of a federal debt owed by Tina Johnson violates 31 C.F.R. § 22 285.5(e)(5) and Morrison v. C.I.R., 565 F.3d 658, 667 (9th Cir. 2009). Nothing in 23 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 25 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 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. DATE: April 27, 2011 Respectfully submitted, ROHLFING & KALAGIAN, LLP 5 BY Marc V. Kalagian Attorney for plaintiff Tina Johnson DATED: April 27, 2011 BENJAMIN B. WAGNER United States Attorney Armand D. Roth 13 Special Assistant United States Attorney Attorneys for Defendant Michael J. Astrue, Commissioner of Social Security (Per e-mail authorization)

PURSUANT TO STIPULATION, IT IS SO ORDERED that fees and expenses in 17 the amount of $2,500.00 as authorized by 28 U.S.C. § 2412).

20110517

© 1992-2011 VersusLaw Inc.



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