Machado v. Commissioner of Social Security
Filing
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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); ORDER, signed by Magistrate Judge Sandra M. Snyder on 6/29/2011. (Herman, H)
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Laura E. Krank
Attorney at Law: 220208
Law Offices of Rohlfing & Kalagian, LLP
211 East Ocean Boulevard, Suite 420
Long Beach, CA 90802
Tel.: (562)437-7006
Fax: (562)432-2935
E-mail: rk_sslaw@speakeasy.net
Attorneys for Plaintiff
Allyson Machado
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ALLYSON MACHADO,
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Plaintiff,
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vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
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Case No.: 1:10-cv-01797 SMS
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) ;
ORDER
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TO THE HONORABLE SANDRA M. SNYDER, 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 Allyson Machado
be awarded attorney fees and expenses in the amount of ONE THOUSAND
SEVEN HUNDRED FIFTEEN dollars ($1,715.00) 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).
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After the Court issues an order for EAJA fees to Allyson Machado, the
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government will consider the matter of Allyson Machado's assignment of EAJA
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fees to Laura E. Krank. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253
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(2010), the ability to honor the assignment will depend on whether the fees are
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subject to any offset allowed under the United States Department of the Treasury's
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Offset Program. After the order for EAJA fees is entered, the government will
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determine whether they are subject to any offset.
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Fees shall be made payable to Allyson Machado, but if the Department of
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the Treasury determines that Allyson Machado does not owe a federal debt, then
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the government shall cause the payment of fees, expenses and costs to be made
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directly to Law Offices of Rohlfing & Kalagian, LLP, pursuant to the assignment
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executed by Allyson Machado. Any payments made shall be delivered to Laura E.
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Krank.
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This stipulation constitutes a compromise settlement of Allyson Machado's
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request for EAJA attorney fees, and does not constitute an admission of liability on
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the part of Defendant under the EAJA. Payment of the agreed amount shall
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constitute a complete release from, and bar to, any and all claims that Allyson
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Machado and/or Laura E. Krank including Law Offices of Rohlfing & Kalagian,
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LLP may have relating to EAJA attorney fees in connection with this action.
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Laura E. Krank reserves the right to contend that any non-payment caused
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by the collection of a federal debt owed by Allyson Machado violates 31 C.F.R. §
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285.5(e)(5) and Morrison v. C.I.R., 565 F.3d 658, 667 (9th Cir. 2009). Nothing in
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this stipulation shall be construed as an admission by Laura E. Krank that the
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Government has the right or authority to offset the fees due and payable pursuant
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to this stipulation.
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This award is without prejudice to the rights of Laura E. Krank and/or
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Rohlfing & Kalagian, LLP to seek Social Security Act attorney fees under 42
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U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
DATE: June 14, 2011
Respectfully submitted,
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ROHLFING & KALAGIAN, LLP
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/s/ Laura E. Krank
BY: __________________
Laura E. Krank
Attorney for plaintiff Allyson Machado
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DATED: 6/28/11
BENJAMIN B. WAGNER
United States Attorney
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/s/ Lynn M. Harada
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Lynn M. Harada
Special Assistant United States Attorney
Attorneys for Defendant Michael J. Astrue,
Commissioner of Social Security
(Per e-mail authorization)
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IT IS ORDERED
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IT IS SO ORDERED.
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Dated:
June 29, 2011
/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE
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DEAC_Signature-END:
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