Gunnarson v. Berryhill ( 2019 )

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 13 Case No.: 3:19-cv-00020-MMD-WGC TRINA GUNNARSON, ) 14 ) ORDER RE: Plaintiff, ) 15 ) STIPULATION FOR THE AWARD vs. ) AND PAYMENT OF ATTORNEY 16 ) ANDREW SAUL, ) FEES AND EXPENSES PURSUANT 17 Commissioner of Social Security, ) TO THE EQUAL ACCESS TO ) JUSTICE ACT, 28 U.S.C. § 2412(d) 18 Defendant. ) ) AND COSTS PURSUANT TO 28 19 ) U.S.C. § 1920 20 TO THE HONORABLE MIRANDA M. DU, MAGISTRATE JUDGE OF 21 THE DISTRICT COURT: 22 IT IS HEREBY STIPULATED by and between the parties through their 23 undersigned counsel, subject to the approval of the Court, that Trina Gunnarson be 24 awarded attorney fees and expenses in the amount of three thousand dollars 25 ($3,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), 26 1 and no costs under 28 U.S.C. § 1920. This amount represents compensation for all 2 legal services rendered on behalf of Plaintiff by counsel in connection with this 3 civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 4 After the Court issues an order for EAJA fees to Trina Gunnarson, the 5 government will consider the matter of Trina Gunnarson's assignment of EAJA 6 fees to Cyrus Safa. The retainer agreement containing the assignment is attached 7 as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability 8 to honor the assignment will depend on whether the fees are subject to any offset 9 allowed under the United States Department of the Treasury's Offset Program. 10 After the order for EAJA fees is entered, the government will determine whether 11 they are subject to any offset. 12 Fees shall be made payable to Trina Gunnarson, but if the Department of 13 the Treasury determines that Trina Gunnarson does not owe a federal debt, then the 14 government shall cause the payment of fees, expenses and costs to be made 15 directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment 16 executed by Trina Gunnarson.1 Any payments made shall be delivered to Cyrus 17 Safa. 18 This stipulation constitutes a compromise settlement of Trina Gunnarson's 19 request for EAJA attorney fees, and does not constitute an admission of liability on 20 the part of Defendant under the EAJA or otherwise. Payment of the agreed amount 21 shall constitute a complete release from, and bar to, any and all claims that Trina 22 Gunnarson and/or Cyrus Safa including Law Offices of Lawrence D. Rohlfing may 23 have relating to EAJA attorney fees in connection with this action. 24 25 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 26 ] 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: December 20, 2019 Respectfully submitted, 5 LAW OFFICES OF LAWRENCE D. ROHLFING 6 /s/ Cyprus Safa BY: 7 Cyrus Safa 8 Attorney for plaintiff Trina Gunnarson ? || DATE: December 20, 2019 10 NICHOLAS A. TRUTANICH ll United States Attorney 12 /s/ Michael K. Marriott 13 MICHAEL K. MARRIOTT 14 Special Assistant United States Attorney Attorneys for Defendant ANDREW SAUL, 15 Commissioner of Social Security (Per e-mail authorization) 16 Of Counsel 17 || Jeffrey Chen Assistant Regional Counsel 18 |! social Security Administration 19 20 IT IS ORDERED 22 THE HONORABLE MIRANDA M. DU 3 UNITED STATES DISTRICT JUDGE 24 DATED THIS 26" day of December 2019. 25 26 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the county of Los Angeles, State of California. I am over 4 the age of 18 and not a party to the within action. My business address is 12631 5 East Imperial Highway, Suite C-115, Santa Fe Springs, California 90670. 6 On this day of December 20, 2019, I served the foregoing document 7 described as STIPULATION FOR THE AWARD AND PAYMENT OF 8 ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS 9 TO JUSTICE ACT, 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. 10 § 1920 on the interested parties in this action by placing a true copy thereof 11 enclosed in a sealed envelope addressed as follows: 12 Trina Gunnarson 445 Wesco Street #32 13 Winnemucca, NV 89445 14 I caused such envelope with postage thereon fully prepaid to be placed in the 15 United States mail at Santa Fe Springs, California. 16 I declare under penalty of perjury under the laws of the State of California 17 that the above is true and correct. 18 I declare that I am employed in the office of a member of this court at whose 19 direction the service was made. 20 Cyrus Safa ___ /s/ Cyrus Safa____________ 21 TYPE OR PRINT NAME SIGNATURE 22 23 24 25 26 1 CERTIFICATE OF SERVICE FOR CASE NUMBER 3:19-CV-00020-MMD-WGC 2 I hereby certify that I electronically filed the foregoing with the Clerk of the 3 4 Court for this court by using the CM/ECF system on December 20, 2019. 5 I certify that all participants in the case are registered CM/ECF users and 6 that service will be accomplished by the CM/ECF system, except the plaintiff 7 served herewith by mail. 8 9 /s/ Cyrus Safa _______________________________ 10 Cyrus Safa 11 Attorneys for Plaintiff 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SOCIAL SECURITY REPRESENTATION AGREEMENT This agreement was made on January 10, 2019, by and between the Law Offices of Lawrence D. Rohlfing referred to as attorney and Trina Gunnarson, $.S.N. ! 7059, herein referred to aa Claimant. 1. Claimant employs and appoints Law Offices of Lawrence D. Rohlfing to represent _ Claimant as Trina Gunnarson’s Attomeys at law in a Social Security claim regarding a claim for disability benefits and empowers Attomey to take such action as may be advisable in the judgment of Attomey, including the taking of judicial review, 2. In consideration of the services to be perfarmed by the Attomey and it being the desire of the Claimant to compensate Attomey out of the proceeds shal] receive 25% of the past due benefits awarded by the Social Security Adwuinis ation tu Qe Chiiucaul such amuunt ay the Cuaunissioner cay devignate under 42 U.8.C, § 406(4)(2)(A) which is currently $6,000.00, whichever is smaller, upon successful completion of the case at or before a first hearing deciaion from an ALJ. If tho Claimant ond the Attorney aro unsusooseful in obtaining a recovery, Attomey will receive no fee, This matter is subject expedited fee approval except as statedin§3. 3. The provisions of {2 only apply to dispositions at or befora a first hearing decision from an ALJ. Tha fee for successful prosecution of this matter is 25% of the past due benefits awarded upon reversal of any unfavorable ALJ decision for work before the Social Security Administration, Attomey shall petition for authorization to charge this foe in compliance with the Sucial Securily Aci for all time whether exelusively or nol cormnilled lo such : Tepresentation. 4. If this matter requires judicial raview of any adverse decision of the Social Security Administration, the fee for suceesaful prosecution af this matter is a eoparate 26% of the pact due benefits awarded upon reversal of any unfavorable ALJ decision for work before the court. Attomey shall sesk compensation under the Equal Access to Justice Act and such amount shall credit to the client for fees otherwise payable for that particular work. Client shall endorse such documents as are needed to pay Attorney any amounts under the EAJA and assigns such fee awards to Attomey. . ns nat wb nl sense nT nante Seales dla hed nt Laalibnd bn nante Fann ndinanl ennnedin OAH 6. Attorney shall be entitled to a rcasonable fee; notwithstanding the Claimant may discharge or obtain the substitution af attorneys before Attorney has completed the services for which he is hereby employed. 7. Attomey has made no warranties as to the successful termination of the cause of action, and all expressions made by Attorney relative thereto are matters of Attomey’s opinion only. 8. This Agreement comprises the entire contract between Attorney and Claimant. The laws of the State of California shall govern the construction and interpretation of this Agreement cxcept that federal law governs the approval of fees by the Commissioner or a federal court, Business and Professions Code § 6147(a)(4) states “that the fee ia not set by law but is negotiable betwecn attomey and client.” 9, Attomey agrees to perform all the services herein mentioned for the compensation _ provided above. 10. Client authorizes attorney to pay out of attomey fees and without oost to olient any and all referral or association fees to prior or referring attorneys or bar referral servioe. 11. The reocipt from Claimant of _ none __ is hereby acknowledged by attorney to be placed in trust and used for costs. es Ttis so agreed. ao oy . Oe x, AS Seon _ Law Offices of Lawréncé D. Rohlfing