Filed: Dec. 18, 2019
Latest Update: Dec. 18, 2019
Summary: 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 EDMUND F. BRENNAN , Magistrate Judge . TO THE HONORABLE EDMUND F. BRENNAN, 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 Teresa Samoy be awarded attorney fees in the amount of thr
Summary: 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 EDMUND F. BRENNAN , Magistrate Judge . TO THE HONORABLE EDMUND F. BRENNAN, 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 Teresa Samoy be awarded attorney fees in the amount of thre..
More
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
EDMUND F. BRENNAN, Magistrate Judge.
TO THE HONORABLE EDMUND F. BRENNAN, 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 Teresa Samoy be awarded attorney fees in the amount of three thousand ninety-eight dollars and sixty-one cents dollars ($3,098.61) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), no costs under 28 U.S.C. § 1920. 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 Teresa Samoy, the government will consider the matter of Teresa Samoy's assignment of EAJA fees to Cyrus Safa. The retainer agreement containing the assignment is attached as exhibit 1. 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 Teresa Samoy, but if the Department of the Treasury determines that Teresa Samoy 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 Teresa Samoy.1 Any payments made shall be delivered to Cyrus Safa.
This stipulation constitutes a compromise settlement of Teresa Samoy'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 Teresa Samoy and/or Cyrus Safa 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 Cyrus Safa 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. DATE: December 16, 2019 Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING
/s/ Cyrus Safa
BY: __________________
Cyrus Safa
Attorney for plaintiff Teresa Samoy
DATED:December 16, 2019 McGREGOR W. SCOTT
United States Attorney
/s/ Ellinor Coder
ELLINOR CODER
Special Assistant United States Attorney
Attorneys for Defendant
ANDREW SAUL, Commissioner of Social
Security (Per e-mail authorization)
ORDER
Approved and so ordered.
