Filed: Jun. 06, 2019
Latest Update: Jun. 06, 2019
Summary: 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) DENNIS M. COTA , Magistrate Judge . TO THE HONORABLE DENNIS M. COTA, 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 Patrick E. Westrip be awarded attorney fees in the amount of THREE THOUSAND FIVE HUNDRED dollars ($3,500) and un
Summary: 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) DENNIS M. COTA , Magistrate Judge . TO THE HONORABLE DENNIS M. COTA, 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 Patrick E. Westrip be awarded attorney fees in the amount of THREE THOUSAND FIVE HUNDRED dollars ($3,500) and und..
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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)
DENNIS M. COTA, Magistrate Judge.
TO THE HONORABLE DENNIS M. COTA, 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 Patrick E. Westrip be awarded attorney fees in the amount of THREE THOUSAND FIVE HUNDRED dollars ($3,500) and 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 Patrick E. Westrip, the government will consider the matter of Patrick E. Westrip's assignment of EAJA fees to Brian C. Shapiro. 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 Patrick E. Westrip, but if the Department of the Treasury determines that Patrick E. Westrip 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 Patrick E. Westrip.1 Any payments made shall be delivered to Brian C. Shapiro.
This stipulation constitutes a compromise settlement of Patrick E. Westrip'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 Patrick E. Westrip and/or Brian C. Shapiro 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 Brian C. Shapiro 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.
Dated: May 30, 2019. Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING
/s/ Brian C. Shapiro
BY: __________________
Brian C. Shapiro
Attorney for plaintiff Patrick E. Westrip
DATED: May 30, 2019 MCGREGOR W. SCOTT
United States Attorney
/s/ Donna W. Anderson
DONNA W. ANDERSON
Attorneys for Defendant
NANCY A. BERRYHILL, Acting Commissioner
of Social Security (Per e-mail authorization)
ORDER
Approved and so ordered.
