Lowe v. Saul

Marc V. Kalagian

Attorney at Law: 4460

Law Offices of Rohlfing & Kalagian, LLP

211 East Ocean Boulevard, Suite 420

Long Beach, CA 90802

Tel.: (562) 437-7006

Fax: (562) 432-2935

E-mail: [email protected]

Leonard Stone

Attorney at Law: 5791

Shook & Stone

710 South 4th Street

Las Vegas, NV 89101

Tel.: (702) 385-2220

Fax: (702) 384-0394

E-mail: [email protected]

Attorneys for Plaintiff

Michael Earl Lowe

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

MICHAEL EARL LOWE, ) Case No.: 2:21-cv-00605-EJY )

Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND vs. ) PAYMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT TO KILOLO KIJAKAZI, ) THE EQUAL ACCESS TO JUSTICE Acting Commissioner of Social ) ACT, 28 U.S.C. § 2412(d) Security, ) )

Defendant. ) )

TO THE HONORABLE ELAYNA J. YOUCHAH, MAGISTRATE JUDGE OF THE DISTRICT COURT:

IT IS HEREBY STIPULATED, by and between the parties through their undersigned counsel, subject to the approval of the Court, that Michael Earl Lowe be awarded attorney fees in the amount of One Thousand, Three Hundred dollars ($1,300.00) and expenses in the amount of zero dollars ($0.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of zero dollars ($0.00) under 28 U.S.C. § 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). After the Court issues an order for EAJA fees to Michael Earl Lowe, the government will consider the matter of Michael Earl Lowe's assignment of EAJA fees to Marc Kalagian. 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. After the order for EAJA fees is entered, the government will determine whether they are subject to any offset.

Fees shall be made payable to Michael Earl Lowe, but if the Department of the Treasury determines that Michael Earl Lowe does not owe a federal debt, then the government shall cause the payment of fees and expenses to be made directly to Law Offices of Rohlfing & Kalagian, pursuant to the assignment executed by Michael Earl Lowe.1 Any payments made shall be delivered to Marc Kalagian. This stipulation constitutes a compromise settlement of Michael Earl Lowe'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 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 }claims that Michael Earl Lowe and/or Marc Kalagian including Law Offices of Rohlfing & Kalagian may have relating to EAJA attorney fees in connection with this action.

This award is without prejudice to the rights of Marc Kalagian and/or the Law Offices of Rohlfing & Kalagian to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. DATE: November 23, 2021 Respectfully submitted, LAW OFFICES OF ROHLFING & KALAGIAN, LLP /s| WareV. Kalagian

I BY:

0 Marc V. Kalagian

Attorney for plaintiff

1] MICHAEL EARL LOWE

B DATED: November 23, 2021 CHRISTOPHER CHIOU

Acting United States Attorney /s/ Allison 9. Cheung ALLISON J. CHEUNG

Special Assistant United States Attorney Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization)

ORDER

Approved and so ordered:

DATE: November 24, 2021

THE HONORABIJE ELAYNA J. YOUCHAH UNITED’ STAT istrate JUDGE