1 Cyrus Safa Nevada Bar No: 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) 868-8868 E-mail: [email protected] 5 Gerald M. Welt 6 Attorney at Law: 1575 411 E. Bonneville Avenue, #505 7 Las Vegas, NV 89101 Tel.: (702) 382-2030 8 Fax: (702) 684-5157 E-mail: [email protected]; [email protected] 9 Attorneys for Plaintiff 10 Virginia Price 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 VIRGINIA PRICE, ) Case No.: 2:18-cv-02201-VCF ) 15 Plaintiff, ) STIPULATION AND ORDER FOR ) THE AWARD AND PAYMENT OF 16 vs. ) ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE 17 ANDREW SAUL, ) EQUAL ACCESS TO JUSTICE Commissioner of Social Security, ) ACT,

(d) AND 18 ) COSTS PURSUANT TO 28 U.S.C. § Defendant. ) 1920 19 ) ) 20 21 TO THE HONORABLE ANDREW P. GORDON, UNITED STATES 22 DISTRICT JUDGE: 23 IT IS HEREBY STIPULATED by and between the parties through their 24 undersigned counsel, subject to the approval of the Court, that Virginia Price be 25 awarded attorney fees and expenses in the amount of three thousand one hundred 26 1 dollars ($3,100.00) under the Equal Access to Justice Act (EAJA),

2412(d), and no costs under

. This amount represents 3 compensation for all legal services rendered on behalf of Plaintiff by counsel in 4 connection with this civil action, in accordance with

; 2412(d). 5 After the Court issues an order for EAJA fees to Virginia Price, the 6 government will consider the matter of Virginia Price's assignment of EAJA fees 7 to Cyrus Safa. The retainer agreement containing the assignment is attached as 8 exhibit 1. Pursuant to Astrue v. Ratliff,

(2010), the ability to 9 honor the assignment will depend on whether the fees are subject to any offset 10 allowed under the United States Department of the Treasury's Offset Program. 11 After the order for EAJA fees is entered, the government will determine whether 12 they are subject to any offset. 13 Fees shall be made payable to Virginia Price, but if the Department of the 14 Treasury determines that Virginia Price does not owe a federal debt, then the 15 government shall cause the payment of fees, expenses and costs to be made 16 directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment 17 executed by Virginia Price.1 Any payments made shall be delivered to Cyrus Safa.

18 This stipulation constitutes a compromise settlement of Virginia Price'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 22 Virginia Price and/or Cyrus Safa including Law Offices of Lawrence D. Rohlfing 23 may 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 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 ||

(b), subject to the savings clause provisions of the EAJA. 4 || DATE: August 11, 2020 Respectfully submitted, 5 LAW OFFICES OF LAWRENCE D. ROHLFING 6 /s/ Cyrus Saba 7 BY: Cyrus Safa 8 Attorney for plaintiff Virginia Price

9 || DATED: August 11, 2020 NICHOLAS A. TRUTANICH 10 United States Attorney 11 2 S. Wyeth Mcrtdam 13 S. WYETH MCADAM Special Assistant United States Attorney 14 Attorneys for Defendant ANDREW SAUL, Commissioner of Social Security 15 (Per e-mail authorization) 16 17 IT IS ORDERED 18 8-12-2020 19 || DATE:

21 Cam Ferenbach

9 United States Magistrate Judge 23 24 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 August 12, 2020, I served the foregoing document described 7 as 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. Virginia Price 1208 Jackson Avenue 13 Las Vegas, NV 89106

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 2:18-CV-02201-VCF 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 August 12, 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 SOCIAL SECURITY REPRESENTATION AGREEMENT This agreement was made on November 2, 2018, by and between the Law Offices of Lawrence D. Rohlfing referred to as attorney and Ms. Virginia Price, $.S.N. 5451, herein referred to as Claimant. 1. Claimant employs and appoints Law Offices of Lawrence D. Rohlfing to represent Claimant as Ms. Virginia Price’s Attorneys 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 Attorney out of the proceeds shall receive 25% of the past due benefits awarded by the Social Security Administration to the claimant or such amount as the Commissioner may designate under

(a)(2)(A) which is currently $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 Attorney are unsuccessful in obtaining a recovery, Attorney will reeeive no fee. This matter is subject expedited fee approval except as stated in 3. 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 past due benefits 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 past due benefits 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 □□□□□ 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 shal] 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. 7, Attorney 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 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 attorney 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 agree . 1 sin Fics 4 Y fi ag Ms. Virginia Price Law Offices of Lawrence D. Rohlfing Matthew F. Holmberg

Cyrus Safa