1 Marc V. Kalagian Attorney at Law: 4460 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 Edna B. Callaway 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 EDNA B. CALLAWAY, ) Case No.: 2:21-cv-01237-EJY ) 11 Plaintiff, ) STIPULATION FOR THE AWARD ) AND PAYMENT OF ATTORNEY 12 vs. ) FEES AND EXPENSES PURSUANT ) TO THE EQUAL ACCESS TO 13 KILOLO KIJAKAZI, ) JUSTICE ACT,

(d) Acting Commissioner of Social ) 14 Security, ) ) 15 Defendant. ) ) 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 Edna B. Callaway 21 be awarded attorney fees and expenses in the amount of TWO THOUSAND 22 EIGHT HUNDRED dollars ($2,800.00) under the Equal Access to Justice Act 23 (EAJA),

(d), and no costs under

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

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

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

19 Callaway and/or Marc V. Kalagian including Law Offices of Lawrence D. 20 Rohlfing, Inc., CPC may have relating to EAJA attorney fees in connection with 21 this action. 22 This award is without prejudice to the rights of Marc V. Kalagian and/or the 23 Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act 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 attorney fees under

(b), subject to the savings clause provisions of 2 the EAJA. 3 DATE: March 28, 2022 Respectfully submitted, 4 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 5 /s/ Marc V. Kalagian BY: _________________________ 6 Marc V. Kalagian Attorney for plaintiff Edna B. Callaway 7 8 DATED: March 28, 2022 CHRISTOPHER CHIOU 9 Acting United States Attorney 10 /s/ Allison J. Cheung 11 12 ALLISON J. CHEUNG Special Assistant United States Attorney 13 Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of Social Security 14 (Per e-mail authorization) 15 ORDER 16 17 Approved and so ordered. 18 DATE: March 29, 2022 19 ___________________________ 20 THE HONORABLE ELAYNA J. YOUCHAH UNITED STATES 21 MAGISTRATE JUDGE 22 23 24 25 26 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the county of Los Angeles, State of California. I am over 4 the age of 18 and not a party to the within action. My business address is 12631 5 East Imperial Highway, Suite C-115, Santa Fe Springs, California 90670. 6 On this day of March 29, 2022, I served the foregoing document described 7 as STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES 8 AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 9

(d) AND COSTS PURSUANT TO

on the 10 interested parties in this action by placing a true copy thereof enclosed in a sealed 11 envelope addressed as follows: 12 Ms. Edna B. Callaway 8349 Granite Peak Ct. 13 Las Vegas, NV 89145 14 I caused such envelope with postage thereon fully prepaid to be placed in the 15 United States mail at Santa Fe Springs, California. 16 I declare under penalty of perjury under the laws of the State of California 17 that the above is true and correct. 18 I declare that I am employed in the office of a member of this court at whose 19 direction the service was made. 20 Marc V. Kalagian ___ /s/ Marc V. Kalagian____________ 21 TYPE OR PRINT NAME SIGNATURE 22 23 24 25 26 1 CERTIFICATE OF SERVICE FOR CASE NUMBER 2:21-CV-01237-EJY 2 I hereby certify that I electronically filed the foregoing with the Clerk of the 3 4 Court for this court by using the CM/ECF system on March 29, 2022. 5 I certify that all participants in the case are registered CM/ECF users and 6 that service will be accomplished by the CM/ECF system, except the plaintiff 7 served herewith by mail. 8 9 /s/ Marc V. Kalagian _______________________________ 10 Marc V. Kalagian 11 Attorneys for Plaintiff 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26