Filed: Dec. 26, 2019
Latest Update: Dec. 26, 2019
Summary: ORDER RE: 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) AND COSTS PURSUANT TO 28 U.S.C. 1920 MIRANDA M. DU , Magistrate Judge . IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Trina Gunnarson be awarded attorney fees and expenses in the amount of three thousand dollars ($3,000.00) under the Equal Access to Justice Act (EAJ
Summary: ORDER RE: 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) AND COSTS PURSUANT TO 28 U.S.C. 1920 MIRANDA M. DU , Magistrate Judge . IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Trina Gunnarson be awarded attorney fees and expenses in the amount of three thousand dollars ($3,000.00) under the Equal Access to Justice Act (EAJA..
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ORDER RE:
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) AND COSTS PURSUANT TO 28 U.S.C. § 1920
MIRANDA M. DU, Magistrate Judge.
IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Trina Gunnarson be awarded attorney fees and expenses in the amount of three thousand dollars ($3,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), no costs under 28 U.S.C. § 1920. 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 Trina Gunnarson, the government will consider the matter of Trina Gunnarson's assignment of EAJA fees to Cyrus Safa. 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 Trina Gunnarson, but if the Department of the Treasury determines that Trina Gunnarson 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 Trina Gunnarson.1 Any payments made shall be delivered to Cyrus Safa.
This stipulation constitutes a compromise settlement of Trina Gunnarson'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 Trina Gunnarson and/or Cyrus Safa 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 Cyrus Safa 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.
DATE: December 20, 2019 Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING
BY: _________________________________
Cyrus Safa
Attorney for plaitniff Trina Gunnarson
DATE: December 20, 2019
NICHOLAS A. TRUTANICH
United States Attorney
______________________
MICHAEL K. MARRIOTT
Special Assistant United States Attorney
Attorneys for Defendant ANDREW SAUL,
Commissioner of Social Security
(Per e-mail authorization)
Of Counsel
Jeffrey Chen
Assistant Regional Counsel
Social Security Administration
IT IS SO ORDERED.
