1 Cyrus Safa Attorney at Law: 13241 2 Law Offices of Lawrence D. Rohlfing 12631 East Imperial Highway, Suite C-115 3 Santa Fe Springs, CA 90670 Tel.: (562)868-5886 4 Fax: (562)868-5491 E-mail [email protected] 5 Leonard Stone 6 Attorney at Law: 5791 Shook & Stone, Chtd. 7 710 South 4th Street Las Vegas, NV 89101 8 Tel.: (702)385-2220 Fax: (702)384-0394 9 E-mail: [email protected] 10 Attorneys for Plaintiff Teena F. Buehner 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 TEENA F. BUEHNER, ) Case No.: 2:16-cv-02696-APG-CLB 15 ) Plaintiff, ) STIPULATION FOR THE AWARD 16 ) AND PAYMENT OF ATTORNEY vs. ) FEES AND EXPENSES PURSUANT 17 ) TO THE EQUAL ACCESS TO ANDREW SAUL, ) JUSTICE ACT,

(d) 18 Commissioner of Social Security, ) AND COSTS PURSUANT TO 28 ) U.S.C. § 1920 19 Defendant. ) ) 20 ) 21 TO THE HONORABLE CARLA BALDWIN, MAGISTRATE JUDGE OF 22 THE DISTRICT COURT: 23 IT IS HEREBY STIPULATED by and between the parties through their 24 undersigned counsel, subject to the approval of the Court, that Teena F. Buehner 25 be awarded attorney fees and expenses in the amount of two-thousand dollars 26 1 ($2,000.00) under the Equal Access to Justice Act (EAJA),

(d), 2 and no costs under

. Plaintiff previously filed a motion for fees. 3 The parties have since been able to come to an agreement. Plaintiff seeks to 4 withdraw its motion and for the Court to consider this stipulation. This amount 5 represents compensation for all legal services rendered on behalf of Plaintiff by 6 counsel in connection with this civil action, in accordance with

; 7 2412(d). 8 After the Court issues an order for EAJA fees to Teena F. Buehner, the 9 government will consider the matter of Teena F. Buehner's assignment of EAJA 10 fees to Cyrus Safa. The retainer agreement containing the assignment is attached 11 as exhibit 1. Pursuant to Astrue v. Ratliff,

(2010), the ability 12 to honor the assignment will depend on whether the fees are subject to any offset 13 allowed under the United States Department of the Treasury's Offset Program. 14 After the order for EAJA fees is entered, the government will determine whether 15 they are subject to any offset. 16 Fees shall be made payable to Teena F. Buehner, but if the Department of 17 the Treasury determines that Teena F. Buehner does not owe a federal debt, then 18 the government shall cause the payment of fees, expenses and costs to be made

19 directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment 20 executed by Teena F. Buehner.1 Any payments made shall be delivered to Cyrus 21 Safa. 22 This stipulation constitutes a compromise settlement of Teena F. Buehner's 23 request for EAJA attorney fees, and does not constitute an admission of liability on 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 1 || the part of Defendant under the EAJA or otherwise. Payment of the agreed amoun 2 || shall constitute a complete release from, and bar to, any and all claims that Teena 3 || F. Buehner and/or Cyrus Safa including Law Offices of Lawrence D. Rohlfing 4 || may have relating to EAJA attorney fees in connection with this action. 5 This award is without prejudice to the rights of Cyrus Safa and/or the Law 6 || Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under

(b), subject to the savings clause provisions of the EAJA. 8 || DATE: April 3, 2020 Respectfully submitted, 9 LAW OFFICES OF LAWRENCE D. ROHLFING 10 /s/ Cygnus Saba ll BY: Cyrus Safa 2 Attorney for plaintiff Teena F. Buehner

13 || DATE: April 3, 2020 14 NICHOLAS A. TRUTANICH 15 United States Attorney 16 U7 /s/ Shea L, Goud

18 SHEA L. BOND Special Assistant United States Attorney 19 Attorneys for Defendant ANDREW SAUL, Commissioner of Social Security 20 (Per e-mail authorization) 21 IT IS SO ORDERED 22 23 DATE: april 6, 2020. . 24 THE HONORABLE CARLA BALDWIN 25 UNITED STATES MAGISTRATE JUDGE 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 April 3, 2020, I served the foregoing document described as 7 STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES 8 AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 9

(d) AND COSTS PURSUANT TO

on the 10 interested parties in this action by placing a true copy thereof enclosed in a sealed 11 envelope addressed as follows: 12 Ms. Teena F. Buehner 8541 Red Baron 13 Reno, NV 89506 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 2:16-CV-02696-APG-CLB 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 April 3, 2020. 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 This agreement was made on June 20, 2013, by and between the Law Offices of Lawrence D. Rohlfing referred tc as attorney and Ms. Teena F. Buehner, 8.8.N. 431-49-9276, herein referred to as Claimant. 1, Claimant employs and appoints Law Offices of Lawrence D. Rohlfing to represent Claimant as Ms. Teena F. Buehner’s Atiorneys at law in a Social Security claim regarding a claim for disability benefits and empowers Attorney to take such action as may be advisable in the judgment of Attorney, including the taking of judicial review. 2. In consideration of the services to be performed by the Attorney and it being the desire of the Claimant to compensate Attomey out of the proceeds shall receive 25% of the backpay awarded by the Social Security Administration to the claimant and auxiliary beneficiaries or $6,000.00, whichever is smaller, upon successful completion of the case at or before a first hearing decision from an ALJ. If the Claimant and the Attomey are unsuccessful in obtaining a recovery, Attomey will receive no fee. This matter is subject expedited fee approval except as stated in □□ 3 and 4. 3. The provisions of { 2 only apply to dispositions at or before a first hearing decision from an ALJ. The fee for successful prosecution of this matter is 25% of the backpay awarded upon reversal of any unfavorable ALJ decision for work before the Social Security Administration. Attorney shall petition for authorization to charge this fee in compliance with the Social Security Act for all time whether exclusively or not committed to such representation. 4, If this matter requires judicial review of any adverse decision of the Social Security Administration, the fee for successful prosecution of this matter is a separate 25% of the backpay awarded upon reversal of any unfavorable ALJ decision for work before the court. Attorney shall seek 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 Attorney. . 5. Claimant shall pay all costs, including, but not limited to costs for medical reports, filing fees, and consultations and examinations by experts, in connection with the cause of action. 6. Attorney shall be entitled to a reasonable fee; notwithstanding the Claimant may discharge or obtain the substitution of attorneys before Attorney has completed the services for which he is hereby employed, and claimant grants a lien to Attorney for reasonable fees. 7. Attorney has made no warranties as to the successful termination of the cause of action, and all expressions made by Attomey relative thereto are matters of Attorney’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 except 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 is not set by law but is negotiable between attorney and client.” 9. Attorney 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 cost to client any and all referral or association fees to prior or referring attorneys or bar referral service. 11. The receipt from Claimant of ___none__is hereby acknowledged by attorney to be placed in trust and used for costs. It is so agreed.

Ms. Teena F. Buehner Law Offices of Lawr hifing Vijay J. Patel Gres Sate