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)

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Case 2:15-cv-01520-JAD-GWF Document 25 Filed 03/06/17 Page 1 of 5 1 2 3 4 5 6 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.: (562)868-5886 Fax: (562)868-8868 E-mail: rohlfing.office@rohlfinglaw.com Attorneys for Plaintiff Asiyah Abdulrahman 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 12 13 14 15 ASIYAH ABDULRAHMAN, Plaintiff, vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. 16 17 18 19 20 21 22 23 24 25 ) ) ) ) ) ) ) ) ) ) ) ) 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 26 -1- Case 2:15-cv-01520-JAD-GWF Document 25 Filed 03/06/17 Page 2 of 5 1 behalf of Plaintiff by counsel in connection with this civil action, in accordance 2 with 28 U.S.C. §§ 1920; 2412(d). 3 After the Court issues an order for EAJA fees to Asiyah Abdulrahman, the 4 government will consider the matter of Asiyah Abdulrahman's assignment of 5 EAJA fees to Cyrus Safa. The retainer agreement containing the assignment is 6 attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), 7 the ability to honor the assignment will depend on whether the fees are subject to 8 any offset allowed under the United States Department of the Treasury's Offset 9 Program. After the order for EAJA fees is entered, the government will determine 10 whether they are subject to any offset. 11 Fees shall be made payable to Asiyah Abdulrahman, but if the Department 12 of the Treasury determines that Asiyah Abdulrahman does not owe a federal debt, 13 then the government shall cause the payment of fees, expenses and costs to be 14 made directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment 15 executed by Asiyah Abdulrahman.1 Any payments made shall be delivered to 16 Cyrus Safa. This stipulation constitutes a compromise settlement of Asiyah 17 18 Abdulrahman's request for EAJA attorney fees, and does not constitute an 19 admission of liability on the part of Defendant under the EAJA or otherwise. 20 Payment of the agreed amount shall constitute a complete release from, and bar to, 21 any and all claims that Asiyah Abdulrahman and/or Cyrus Safa including Law 22 Offices of Lawrence D. Rohlfing may have relating to EAJA attorney fees in 23 connection with this action. 24 25 26 1 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. -2- Case 2:15-cv-01520-JAD-GWF Document 25 Filed 03/06/17 Page 3 of 5 1 This award is without prejudice to the rights of Cyrus Safa and/or the Law 2 Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under 3 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 4 DATE: March 6, 2017 5 LAW OFFICES OF LAWRENCE D. ROHLFING 6 /s/ Cyrus Safa BY: __________________ Cyrus Safa Attorney for plaintiff Asiyah Abdulrahman 7 8 9 10 11 12 Respectfully submitted, DATE: March 6, 2017 DANIEL G. BOGDEN United States Attorney BLAINE T. WELSH Chief, Civil Division /s/ April A. Alongi 13 14 15 16 17 18 19 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 20 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. 21 28 U.S.C. § 2412, and any costs authorized by 28 U.S.C. § 1920. 22 ___________________________ __________________ _ _ __ _ Jennifer Dorsey nnifer D fer Dorsey U.S. District Judge 3/7/17 23 24 25 26 -3-

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