Abdulrahman v. Commissioner of Social Security Administration

Filing 26

ORDER Granting 25 Stipulation Awarding Attorney Fees, Expenses, and Costs. IT IS ORDERED that plaintiff Asiyah Abdulrahman is awarded fees and expenses of $2,444.74 under 28 U.S.C. § 2412, and any costs authorized by 28 U.S.C. § 1920. Signed by Judge Jennifer A. Dorsey on 3/7/17. (Copies have been distributed pursuant to the NEF - MR)

Case 2:15-cv-01520-JAD-GWF Document 25 Filed 03/06/17 Page 1 of 5

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Cyrus Safa
Attorney at Law: 282971
Law Offices of Lawrence D. Rohlfing
12631 East Imperial Highway, Suite C-115
Santa Fe Springs, CA 90670
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Asiyah Abdulrahman

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ASIYAH ABDULRAHMAN,
Plaintiff,
vs.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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Case No.: 2:15-cv-01520-JAD-GWF
STIPULATION FOR THE AWARD
Stipulation OF Order
AND PAYMENT and ATTORNEY
FEES AND EXPENSES PURSUANT
Awarding Attorney Fees,
TO THE EQUAL ACCESS TO
Expenses, and Costs
JUSTICE ACT, 28 U.S.C. § 2412(d)
AND COSTS PURSUANT TO 28
U.S.C. § 1920 No. 25]
[ECF

TO THE HONORABLE GEORGE FOLEY, 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 Asiyah
Abdulrahman be awarded attorney fees in the amount of two thousand four
hundred forty four dollars and seventy four cents ($2,444.74) under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs under 28 U.S.C. §
1920. This amount represents compensation for all legal services rendered on

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Case 2:15-cv-01520-JAD-GWF Document 25 Filed 03/06/17 Page 2 of 5

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behalf of Plaintiff by counsel in connection with this civil action, in accordance

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with 28 U.S.C. §§ 1920; 2412(d).

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After the Court issues an order for EAJA fees to Asiyah Abdulrahman, the

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government will consider the matter of Asiyah Abdulrahman's assignment of

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EAJA fees to Cyrus Safa. The retainer agreement containing the assignment is

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attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010),

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the ability to honor the assignment will depend on whether the fees are subject to

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any offset allowed under the United States Department of the Treasury's Offset

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Program. After the order for EAJA fees is entered, the government will determine

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whether they are subject to any offset.

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Fees shall be made payable to Asiyah Abdulrahman, but if the Department

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of the Treasury determines that Asiyah Abdulrahman does not owe a federal debt,

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then the government shall cause the payment of fees, expenses and costs to be

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made directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment

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executed by Asiyah Abdulrahman.1 Any payments made shall be delivered to

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Cyrus Safa.
This stipulation constitutes a compromise settlement of Asiyah

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Abdulrahman's request for EAJA attorney fees, and does not constitute an

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admission of liability on the part of Defendant under the EAJA or otherwise.

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Payment of the agreed amount shall constitute a complete release from, and bar to,

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any and all claims that Asiyah Abdulrahman and/or Cyrus Safa including Law

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Offices of Lawrence D. Rohlfing may have relating to EAJA attorney fees in

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connection with this action.

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The parties do not stipulate whether counsel for the plaintiff has a cognizable lien under federal law against the
recovery of EAJA fees that survives the Treasury Offset Program.

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Case 2:15-cv-01520-JAD-GWF Document 25 Filed 03/06/17 Page 3 of 5

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This award is without prejudice to the rights of Cyrus Safa and/or the Law

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Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under

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42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

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DATE: March 6, 2017

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LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Cyrus Safa
BY: __________________
Cyrus Safa
Attorney for plaintiff Asiyah Abdulrahman

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Respectfully submitted,

DATE: March 6, 2017

DANIEL G. BOGDEN
United States Attorney
BLAINE T. WELSH
Chief, Civil Division

/s/ April A. Alongi

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APRIL A. ALONGI
Special Assistant United States Attorney
Attorneys for Defendant Nancy A. Berryhill,
Acting Commissioner of Social Security
(Per e-mail authorization)
ORDER

ORDER

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Based on the parties’ stipulation [ECF No. 25] and good cause appearing, IT IS ORDERED
that plaintiff Asiyah Abdulrahman is awarded fees and expenses of $2,444.74 under 28 U.S.C.
that plaintiffany costs authorized by 28 U.S.C. fees and expenses of $2,444.74 under
§ 2412, and Asiyah Abdulrahman is awarded § 1920.

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28 U.S.C. § 2412, and any costs authorized by 28 U.S.C. § 1920.

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___________________________
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Jennifer Dorsey
nnifer D
fer Dorsey
U.S. District Judge 3/7/17

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