Cohen v. Saul

1 Cyrus Safa Nevada Bar No: 13241 Law Offices of Lawrence D. Rohlfing 12631 East Imperial Highway, Suite C-115 Santa Fe Springs, CA 90670 Tel.: (562) 868-5886 Fax: (562) 868-5491 E-mail [email protected] Attorneys for Plaintiff Robyn Alise Cohen 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA ROBYN ALISE COHEN, ) Case No.: 2:21-cv-00031-VCF ) 11 Plaintiff, ) STIPULATION AND [PROPOSED] ) ORDER FOR THE AWARD AND 12 vs. ) PAYMENT OF ATTORNEY FEES ) PURSUANT TO THE EQUAL KILOLO KIJAKAZI, ) ACCESS TO JUSTICE ACT, 28 U.S.C. Acting Commissioner of Social ) § 2412(d) AND NO COSTS Security, ) PURSUANT TO 28 U.S.C. § 1920 ) 15 Defendant. ) ) 17 TO THE HONORABLE CAM FERENBACH, MAGISTRATE JUDGE OF THE DISTRICT COURT: 19 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Robyn Alise Cohen be awarded attorney fees and expenses in the amount of three thousand nine hundred fifty-two dollars and eighty three cents ($3,952.83) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 24 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).

1 After the Court issues an order for EAJA fees to Robyn Alise Cohen, the government will consider the matter of Robyn Alise Cohen'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.

7 After the order for EAJA fees is entered, the government will determine whether they are subject to any offset.

9 Fees shall be made payable to Robyn Alise Cohen, but if the Department of the Treasury determines that Robyn Alise Cohen does not owe a federal debt, then the government shall cause the payment of fees, expenses to be made directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the assignment executed by Robyn Alise Cohen.1 Any payments made shall be delivered to Cyrus Safa.

15 This stipulation constitutes a compromise settlement of Robyn Alise Cohen'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 Robyn Alise Cohen and/or Cyrus Safa including Law Offices of Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney fees in connection with this action.

22 This award is without prejudice to the rights of Cyrus Safa and/or the Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act attorney 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 || fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the ||EAJA.

3 || DATE: June 9, 2022 Respectfully submitted, 4 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 5 /s/_ Corus Safa BY: 6 Cyrus Safa 7 Attorney for plaintiff Robyn Alise Cohen DATE: June 9, 2022 ? JASON M. FRIERSON 10 United States Attorney 1] |s/ Allivon 9. Cheany ALLISON J. CHEUNG 13 Special Assistant United States Attorney Attorneys for Defendant KILOLO KIJAKAZI, 14 Acting Commissioner of Social Security (Per e-mail authorization) 16 IS SO ORDERED || DATE: a 1g || 6-10-2022 Load THE HONORABLE CAM FERENBACH 20 UNITED STATES MAGISTRATE JUDGE