Filed: Dec. 18, 2019
Latest Update: Dec. 18, 2019
Summary: 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) AND COSTS PURSUANT TO 28 U.S.C. 1920 AND ORDER THEREON LARRY R. HICKS , District Judge . IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Nicole Linnan be awarded attorney fees and expenses in the amount of three thousand eight hundred dollars ($3,800.00) under the Equal Access
Summary: 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) AND COSTS PURSUANT TO 28 U.S.C. 1920 AND ORDER THEREON LARRY R. HICKS , District Judge . IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Nicole Linnan be awarded attorney fees and expenses in the amount of three thousand eight hundred dollars ($3,800.00) under the Equal Access t..
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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) AND COSTS PURSUANT TO 28 U.S.C. § 1920
AND ORDER THEREON
LARRY R. HICKS, District Judge.
IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Nicole Linnan be awarded attorney fees and expenses in the amount of three thousand eight hundred dollars ($3,800.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and 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 Nicole Linnan, the government will consider the matter of Nicole Linnan'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 Nicole Linnan, but if the Department of the Treasury determines that Nicole Linnan 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 Nicole Linnan.1 Any payments made shall be delivered to Cyrus Safa.
This stipulation constitutes a compromise settlement of Nicole Linnan'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 Nicole Linnan 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 18, 2019 Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING
/s/ Cyrus Safa
BY: __________________
Cyrus Safa
Attorney for plaintiff Nicole Linnan
DATE: December 18, 2019 NICHOLAS A. TRUTANICH
United States Attorney
/s/ Allison J. Cheung
______________________
ALLISON J. CHEUNG
Special Assistant United States Attorney
Attorneys for Defendant ANDREW SAUL,
Commissioner of Social Security
(Per e-mail authorization)
IT IS ORDERED.
