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Jacinto v. Colvin

United States District Court, Ninth Circuit

November 6, 2013

JOSE JACINTO, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant

Young Cho, Attorney at Law 189870, Law Offices of Lawrence D. Rohlfing, Santa Fe Springs, CA. Attorneys for Plaintiff Jose Jacinto

BENJAMIN B. WAGNER, United States Attorney.

Armand D. Roth, Special Assistant United States Attorney, Attorneys for Defendant Michael J. Astrue, Commissioner of Social Security (Per e-mail authorization)

STIPULATION AND PROPOSED 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) AND COSTS PURSUANT TO 28 U.S.C. § 1920

STANLEY A. BOONE, Magistrate Judge.

TO THE HONORABLE STANLEY A. BOONE, 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 Jose Jacinto be awarded attorney fees and expenses in the amount of three thousand seven hundred dollars ($3, 700.00) 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 Jose Jacinto, the government will consider the matter of Jose Jacinto's assignment of EAJA fees to Young Cho. 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 Jose Jacinto, but if the Department of the Treasury determines that Jose Jacinto 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 Jose Jacinto. Any payments made shall be delivered to Young Cho.

This stipulation constitutes a compromise settlement of Jose Jacinto'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 Jose Jacinto and/or Young Cho including Law Offices of Lawrence D. Rohlfing may have relating to EAJA attorney fees in connection with this action.

This award is without prejudice to the rights of Young Cho and/or the Law Offices of 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.

ORDER

IT IS SO ORDERED.


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