1 Marc V. Kalagian Attorney at Law: 4460 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 6 Leonard Stone Attorney at Law: 5791 7 Shook & Stone 710 South 4th Street 8 Las Vegas, NV 89101 Tel.: (702) 385-2220 9 Fax: (702) 384-0394 E-mail: [email protected] 10 11 Attorneys for Plaintiff Michael Earl Lowe 12 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 16 MICHAEL EARL LOWE, ) Case No.: 2:21-cv-00605-EJY ) 17 Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND 18 vs. ) PAYMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT TO 19 KILOLO KIJAKAZI, ) THE EQUAL ACCESS TO JUSTICE Acting Commissioner of Social ) ACT,

(d) 20 Security, ) ) 21 Defendant. ) ) 22 23 TO THE HONORABLE ELAYNA J. YOUCHAH, MAGISTRATE JUDGE 24 OF THE DISTRICT COURT: 25 IT IS HEREBY STIPULATED, by and between the parties through their 26 undersigned counsel, subject to the approval of the Court, that Michael Earl Lowe 1 be awarded attorney fees in the amount of One Thousand, Three Hundred dollars 2 ($1,300.00) and expenses in the amount of zero dollars ($0.00) under the Equal 3 Access to Justice Act (EAJA),

(d), and costs in the amount of 4 zero dollars ($0.00) under

. This amount represents 5 compensation for all legal services rendered on behalf of Plaintiff by counsel in 6 connection with this civil action, in accordance with

; 2412(d). 7 After the Court issues an order for EAJA fees to Michael Earl Lowe, the 8 government will consider the matter of Michael Earl Lowe's assignment of EAJA 9 fees to Marc Kalagian. The retainer agreement containing the assignment is 10 attached as exhibit 1. Pursuant to Astrue v. Ratliff,

(2010), 11 the ability to honor the assignment will depend on whether the fees are subject to 12 any offset allowed under the United States Department of the Treasury's Offset 13 Program. After the order for EAJA fees is entered, the government will determine 14 whether they are subject to any offset. 15 Fees shall be made payable to Michael Earl Lowe, but if the Department of 16 the Treasury determines that Michael Earl Lowe does not owe a federal debt, then 17 the government shall cause the payment of fees and expenses to be made directly 18 to Law Offices of Rohlfing & Kalagian, pursuant to the assignment executed by

19 Michael Earl Lowe.1 Any payments made shall be delivered to Marc Kalagian. 20 This stipulation constitutes a compromise settlement of Michael Earl 21 Lowe's request for EAJA attorney fees, and does not constitute an admission of 22 liability on the part of Defendant under the EAJA or otherwise. Payment of the 23 agreed amount shall constitute a complete release from, and bar to, any and all 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 |}claims that Michael Earl Lowe and/or Marc Kalagian including Law Offices of 2 || Rohlfing & Kalagian may have relating to EAJA attorney fees in connection with 3 || this action. 4 This award is without prejudice to the rights of Marc Kalagian and/or the 5 || Law Offices of Rohlfing & Kalagian to seek Social Security Act attorney fees 6 || under

(b), subject to the savings clause provisions of the EAJA. 7 ||DATE: November 23, 2021 Respectfully submitted, 8 LAW OFFICES OF ROHLFING & KALAGIAN, LLP 9 /s| WareV. Kalagian I BY: 0 Marc V. Kalagian Attorney for plaintiff 1] MICHAEL EARL LOWE 12 B DATED: November 23, 2021 CHRISTOPHER CHIOU Acting United States Attorney 14 15 /s/ Allison 9. Cheung 16 ALLISON J. CHEUNG Special Assistant United States Attorney 17 Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of 18 Social Security (Per e-mail authorization) 19 20 21 ORDER 22 Approved and so ordered: 23 DATE: November 24, 2021 24 25 THE HONORABIJE ELAYNA J. YOUCHAH UNITED’ STAT istrate JUDGE 26