1 Marc V. Kalagian Attorney at Law: 149034 2 Law Offices of Rohlfing & Kalagian, LLP 211 East Ocean Boulevard, Suite 420 3 Long Beach, CA 90802 Tel.: (562) 437-7006 4 Fax: (562) 432-2935 E-mail: [email protected] 5 Attorneys for Plaintiff 6 Jerome W. Pepmueller 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 JEROME W. PEPMUELLER, ) Case No.: 2:20-cv-01694-EJY 11 ) Plaintiff, ) STIPULATION AND PROPOSED 12 ) ORDER FOR THE AWARD AND vs. ) PAYMENT OF ATTORNEY FEES 13 ) AND EXPENSES PURSUANT TO ANDREW SAUL, ) THE EQUAL ACCESS TO JUSTICE 14 Commissioner of Social Security, ) ACT,

(d) AND ) COSTS PURSUANT TO

Defendant. ) 1920 ) 16 ) 17 TO THE HONORABLE ELAYNA J. YOUCHAH, MAGISTRATE JUDGE 18 OF THE DISTRICT COURT: 19 IT IS HEREBY STIPULATED, by and between the parties through their 20 undersigned counsel, subject to the approval of the Court, that Jerome W. 21 Pepmueller be awarded attorney fees in the amount of Three Thousand One 22 Hundred dollars ($3,100.00) under the Equal Access to Justice Act (EAJA), 28

(d). This amount represents compensation for all legal services 24 rendered on behalf of Plaintiff by counsel in connection with this civil action, in 25 accordance with

; 2412(d). 26 1 After the Court issues an order for EAJA fees to Jerome W. Pepmueller, the 2 government will consider the matter of Jerome W. Pepmueller's assignment of 3 EAJA fees to Marc V. Kalagian. The retainer agreement containing the 4 assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff,

, 5 2529 (2010), the ability to honor the assignment will depend on whether the fees 6 are subject to any offset allowed under the United States Department of the 7 Treasury's Offset Program. After the order for EAJA fees is entered, the 8 government will determine whether they are subject to any offset. 9 Fees shall be made payable to Jerome W. Pepmueller, but if the Department 10 of the Treasury determines that Jerome W. Pepmueller does not owe a federal debt, 11 then the government shall cause the payment of fees, expenses and costs to be 12 made directly to Law Offices of Rohlfing & Kalagian, LLP, pursuant to the 13 assignment executed by Jerome W. Pepmueller.1 Any payments made shall be 14 delivered to Marc V. Kalagian. 15 This stipulation constitutes a compromise settlement of Jerome W. 16 Pepmueller's request for EAJA attorney fees, and does not constitute an admission 17 of liability on the part of Defendant under the EAJA or otherwise. Payment of the 18 agreed amount shall constitute a complete release from, and bar to, any and all

19 claims that Jerome W. Pepmueller and/or Marc V. Kalagian including Law Offices 20 of Rohlfing & Kalagian, LLP may have relating to EAJA attorney fees in 21 connection with this action. 22 This award is without prejudice to the rights of Marc V. Kalagian and/or the 23 Law Offices of Rohlfing & Kalagian, LLP to seek Social Security Act attorney 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 fees under

(b), subject to the savings clause provisions of the 2 EAJA. 3 DATE: June 3, 2021 Respectfully submitted, 4 ROHLFING & KALAGIAN, LLP 5 /s/ Marc V. Kalagian BY: __________________ 6 Marc V. Kalagian Attorney for plaintiff 7 JEROME W. PEPMUELLER 8 DATED: June 3, 2021 NICHOLAS A. TRUTANICH 9 United States Attorney 10 11 /s/ Marcelo N. Illarmo 12 MARCELO N. ILLARMO Special Assistant United States Attorney 13 Attorneys for Defendant ANDREW SAUL, Commissioner of Social 14 Security (Per e-mail authorization) 15 16 ORDER 17 Approved and so ordered: 18 DATE: June 3, 2021. 19 20 ___________________________________ 21 THE HONORABLE ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26