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 Gerald M. Welt 6 Attorney at Law: 1575 411 E. Bonneville Avenue, #410 7 Las Vegas, NV 89101 Tel.: (702) 382-2030 8 Fax: (702) 684-5157 E-mail: [email protected]; [email protected] 9 Attorneys for Plaintiff 10 Francisco M. Velez Agullo

11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13

14 FRANCISCO M. VELEZ AGULLO, ) Case No.: 2:22-cv-00557-DJA 15 ) Plaintiff, ) STIPULATION AND PROPOSED 16 ) ORDER FOR THE AWARD AND vs. ) PAYMENT OF ATTORNEY FEES 17 ) AND EXPENSES PURSUANT TO KILOLO KIJAKAZI, ) THE EQUAL ACCESS TO JUSTICE 18 Acting Commissioner of Social ) ACT,

(d) AND Security, ) COSTS PURSUANT TO

) 1920 Defendant. ) 20 )

21 TO THE HONORABLE DANIEL J. ALBREGTS, MAGISTRATE JUDGE 22 OF THE DISTRICT COURT: 23 IT IS HEREBY STIPULATED, by and between the parties through their 24 undersigned counsel, subject to the approval of the Court, that Francisco M. Velez 25 Agullo be awarded attorney fees in the amount of NINE HUNDRED SEVENTY- 26 1 FIVE dollars ($975.00) under the Equal Access to Justice Act (EAJA),

2412(d), and costs in the amount of FOUR HUNDRED-TWO dollars ($402.00) 3 under

. This amount represents compensation for all legal 4 services rendered on behalf of Plaintiff by counsel in connection with this civil 5 action, in accordance with

; 2412(d). 6 After the Court issues an order for EAJA fees to Francisco M. Velez 7 Agullo, the government will consider the matter of Francisco M. Velez Agullo's 8 assignment of EAJA fees to Marc Kalagian. The retainer agreement containing the 9 assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff,

, 10 2529 (2010), the ability to honor the assignment will depend on whether the fees 11 are subject to any offset allowed under the United States Department of the 12 Treasury's Offset Program. After the order for EAJA fees is entered, the 13 government will determine whether they are subject to any offset. 14 Fees shall be made payable to Francisco M. Velez Agullo, but if the Department 15 of the Treasury determines that Francisco M. Velez Agullo does not owe a federal 16 debt, then the government shall cause the payment of fees, expenses and costs to 17 be made directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC , pursuant to 18 the assignment executed by Francisco M. Velez Agullo.1 Any payments made

19 shall be delivered to Marc Kalagian. 20 This stipulation constitutes a compromise settlement of Francisco M. Velez 21 Agullo'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 Francisco M. Velez Agullo and/or Marc Kalagian including Law 2 || Offices of Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney 3 || fees in connection with this action. 4 This award is without prejudice to the rights of Marc Kalagian and/or the 5 || Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act 6 || attorney fees under

(b), subject to the savings clause provisions of 7 || the EAJA. 8 || DATE: July 11,2022 Respectfully submitted, 9 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 10 /s/ Ware Katagyian 1] BY: D Marc V. Kalagian Attorney for plaintiff FRANCISCO M. VELEZ AGULLO

14 || DATE: July 11, 2022 JASON M. FRIERSON 5 United States Attorney 16 /S/ dlivou 9. Cheung 17 ALLISON J. CHEUNG 18 Special Assistant United States Attorney Attorneys for Defendant 19 KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization) 20 21 22 ORDER 23 Approved and so ordered: 94 |IDATE: 7/14/2022 ) O . 25 _ SAY } LO THE HONORABLE\DANIEL J. ALBREGTS 26 UNITED STATES MAGISTRATE JUDGE

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 July 12, 2022, I served the foregoing document described as 7 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 Mr. Francisco M. Velez Agullo 17 Alamere Falls Drive 13 Las Vegas, NV 89138

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 2:22-CV-00557-DJA 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 July 12, 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 SOCIAL SECURITY REPRESENTATION AGREEMENT This agreement was made on March 21, 2022, by and between the Law Offices of Lawrence D. Rohlfing, Inc., CPC referred to as attorney and Mr. Francisco M. Velez Agullo, $.S.N. 0920, herein referred to as Claimant. 1. Claimant employs and appoints Law Offices of Lawrence D. Rohlfing, inc., CPC to represent Claimant as Mr. Francisco M. Velez Agullo’s Attorneys at law in a Social Security claim regarding a claim for disability benefits and empowers Attomey to take such action as may be advisable in the judgment of Attorney, including the taking of judicial review. 2. In consideration of the services to be performed by the Attorney and it being the desire of the Claimant to compensate Attorney out of the proceeds shall receive 25% of the past due benefits awarded by the Social Security Administration to the claimant or such amount as the Commissioner may designate under 42 U.S.C, § 406(a) which is currently $6,000.00, whichever is smaller, upon successful completion of the case at er before a first hearing decision from an ALJ. If the Claimant and the Aniomey are unsuccessful in obtaining a recovery, Attorney will receive no fee. This matter is subject expedited fee approval except as stated in 3. 3. The provisions of { 2 only apply to dispositions at or before a first hearing decision from an ALJ. The fee for successful prosecution of this matter is 25% of the past due benefits awarded upon reversal of any unfavorable ALJ decision for work before the Social Security Administration, Attorney shall petition for authorization to charge this fee in compliance with the Social Security Act for all tune whether exclusively or not committed to such representation. 4. If this matter requires judicial review of any adverse decision of the Social Security Administration, the fee for successful prosecution of this matter is a separate 25% of the past due benefits awarded upon reversal of any unfavorable ALJ decision for work before the court. Attomey shall seek compensation under the Equal Access to Justice Act and such amount shal} credit to the client for fees otherwise payable for that particular work. Client shall endorse such documents as are needed to pay Attorney any amounts under the EAJA and assigns such fee awards to Attomey. 5. Claimant shall pay all costs, including, but not limited to costs for medical reports, filing fees, and consultations and examinations by experts, in connection with the cause of action. 6. Attorney shall be entitled to a reasonable fee; notwithstanding the Claimant may discharge or obtain the substitution of attorneys before Attomey has completed the services for which he is hereby employed. 7. Attomey has made no warranties as to the successful termination of the cause of action, and all expressions made by Attorney relative thereto are matters of Attorney’s opinion only. 8. This Agreement comprises the entire contract between Attorney and Claimant. The laws of the State of California shall govern the construction and interpretation of this Agreement except that federal law governs the approval of fees by the Commissioner or a federal court. Business and Professions Code § 6147({a)(4) states “that the fee is not set by law but is negotiable between attorney and client.” 9. Attorney agrees to perform all the services herein mentioned for the compensation provided above. 10. Client authorizes attorney to pay out of attorney fees and without cost to client any and all referral or association fees to Michael P. Kalish, not to exceed 25% of fees. 11. The receipt from Claimant of none _ is hereby acknowledged by attorney to be placed in trust and used for costs. : Itis so agreed.

Mr. Francisco Mt. Velez Agullo Law Offices of D. Rohlfing, Inc., CPC Marc V. Kalagian