Opinion
Case No.: CV 12-746 SJO SS
02-27-2013
ALICIA ALATORRE, Plaintiff, v. CAROLYN W. COLVEST, Acting Commissioner of Social Security, Defendant
Brian C. Shapiro Attorney at Law: 192789 Law Offices of Lawrence D. Rohlfing Attorneys for Plaintiff Alicia Alatorre
Brian C. Shapiro
Attorney at Law: 192789
Law Offices of Lawrence D. Rohlfing
Attorneys for Plaintiff
Alicia Alatorre
[PROPOSED] ORDER AWARDING
EQUAL ACCESS TO JUSTICE ACT
ATTORNEY FEES AND EXPENSES
PURSUANT TO 28 U.S.C. § 2412(d)
AND COSTS PURSUANT TO 28
U.S.C. § 1920
Based upon the parties' Stipulation for the Award and Payment of Equal Access to Justice Act Fees, Costs, and Expenses:
IT IS ORDERED that fees and expenses in the amount of $2,900 as authorized by 28 U.S.C. § 2412 be awarded subject to the terms of the Stipulation.
______________________________
THE HONORABLE SUZANNE H. SEGAL
UNITED STATES MAGISTRATE JUDGE
Respectfully submitted, LAW OFFICES OF Lawrence D. Rohlfing _______________
Brian C. Shapiro
Attorney for plaintiff Alicia Alatorre
SOCIAL SECURITY REPRESENTATION AGREEMENT
This agreement was made on December 27, 2011, by and between the Law Offices of Lawrence D. Rohlfing referred to as attorney and Ms. Alicia Alatorre, S.S.N. herein referred to as Claimant.
1. Claimant employs and appoints Law Offices of Lawrence D. Rohlfing to represent Claimant as Ms. Alicia Alatorre'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 backpay awarded by the Social Security Administration to the claimant or such amount as the Commissioner may designate under 42 U.S.C. § 406(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 receive no fee. All fees are negotiable and subject to approval or review by the Social Security Administration. 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 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. All fees are negotiable and subject to approval by the Social Security Administration.
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 court work. Client shall endorse such documents as are needed to pay Attorney any amounts under the EAJA and assigns such fee awards to Attorney. All fees are negotiable and subject to approval by the court with jurisdiction.
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 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.
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 agreed. _______________
Ms. Alicia Alatorre
_______________
Law Offices of Lawrence D. Rohlfing