1 Lawrence D. Rohlfing Attorney at Law: 119433 2 Law Offices of Lawrence D. Rohlfing, Inc., CPC 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 Attorneys for Plaintiff 6 Richard Greyeagle

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8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD GREYEAGLE, ) Case No.: 2:23-cv-02317-CKD ) 12 Plaintiff, ) STIPULATION AND ORDER FOR ) THE AWARD AND PAYMENT OF 13 vs. ) ATTORNEY FEES AND EXPENSES ) PURSUANT TO THE EQUAL 14 MARTIN O'MALLEY, ) ACCESS TO JUSTICE ACT, 28 U.S.C. Commissioner of Social Security, ) § 2412(d) AND COSTS PURSUANT 15 ) TO

Defendant. ) 16 ) ) 17 18 TO THE HONORABLE CAROLYN K. DELANEY, MAGISTRATE 19 JUDGE OF THE DISTRICT COURT: 20 IT IS HEREBY STIPULATED, by and between the parties through their 21 undersigned counsel, subject to the approval of the Court, that Richard Greyeagle 22 (“Greyeagle”) be awarded attorney fees and expenses in the amount of five 23 thousand seven hundred fifty dollars ($5,750.00) under the Equal Access to Justice 24 Act (EAJA),

(d), and no costs under

. This 25 amount represents compensation for all legal services rendered on behalf of 26 1 Plaintiff by counsel in connection with this civil action, in accordance with 28

; 2412(d). 3 After the Court issues an order for EAJA fees to Greyeagle, the government 4 will consider the matter of Greyeagle's assignment of EAJA fees to Lawrence D. 5 Rohlfing. The retainer agreement containing the assignment is attached as exhibit 6 1. Pursuant to Astrue v. Ratliff,

(2010), the ability to honor 7 the assignment will depend on whether the fees are subject to any offset allowed 8 under the United States Department of the Treasury's Offset Program. After the 9 order for EAJA fees is entered, the government will determine whether they are 10 subject to any offset. 11 Fees shall be made payable to Greyeagle, but if the Department of the 12 Treasury determines that Greyeagle does not owe a federal debt, then the 13 government shall cause the payment of fees, expenses and costs to be made 14 directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the 15 assignment executed by Greyeagle.1 Any payments made shall be delivered to 16 Lawrence D. Rohlfing. 17 This stipulation constitutes a compromise settlement of Greyeagle's request

18 for EAJA attorney fees, and does not constitute an admission of liability on the part 19 of Defendant under the EAJA or otherwise. Payment of the agreed amount shall 20 constitute a complete release from, and bar to, any and all claims that Greyeagle 21 and/or Lawrence D. Rohlfing including Law Offices of Lawrence D. Rohlfing, 22 Inc., CPC may have relating to EAJA attorney fees in connection with this action. 23 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 Lawrence D. Rohlfing and/or 2 the Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act 3 attorney fees under

(b), subject to the savings clause provisions of 4 the EAJA pursuant to the terms of the stipulation. 5 DATE: April 23, 2024 Respectfully submitted, 6 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC

7 /s/ Lawrence D. Rohlfing2 BY: _________________________ 8 Lawrence D. Rohlfing Attorney for plaintiff Richard Greyeagle 9

10 DATED: April 23, 2024 PHILLIP A. TALBERT 11 United States Attorney 12 MATHEW W. PILE Associate General Counsel 13 Social Security Administration

14 /s/ Caspar Chan 15

16 CASPAR CHAN Special Assistant United States Attorney 17 Attorneys for Defendant MARTIN O'MALLEY, Commissioner of Social 18 Security (Per e-mail authorization)

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25 2 Counsel for the plaintiff attests that all other signatories listed, and on whose behalf the filing is submitted, concur in the filing’s content and have authorized the 26 1 ORDER 2 Approved and so ordered. The stipulation at ECF No. 21 is GRANTED. 3 || Richard Greyeagle is awarded attorney fees and expenses in the amount of five 4 ||thousand seven hundred fifty dollars ($5,750.00) under the Equal Access to Justice 5 || Act (EAJA),

(d), and no costs under

. 6 || Dated: May 2, 2024 Yr?) og eh

CAROLYN K. DELANEY 8 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

1 DECLARATION OF LAWRENCE D. ROHLFING 2 I, Lawrence D. Rohlfing, declare as follows: 3 1. I am an attorney at law duly admitted to practice before this Court in this 4 case. I represent Richard Greyeagle in this action. I make this declaration 5 of my own knowledge and belief. 6 2. I attach as exhibit 1 a true and correct copy of the itemization of time in 7 this matter. 8 3. I attach as exhibit 2 a true and correct copy of the retainer agreement with 9 Richard Greyeagle containing an assignment of the EAJA fees. 10 I declare under penalty of perjury that the foregoing is true and correct to the 11 best of my knowledge and belief. 12 Executed this April 24, 2024, at Santa Fe Springs, California. 13 14 /s/ Lawrence D. Rohlfing 15 _________________________ Lawrence D. Rohlfin 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

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