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 Leonard Stone 6 Attorney at Law: 5791 Shook & Stone 7 710 South 4th Street Las Vegas, NV 89101 8 Tel.: (702) 385-2220 Fax: (702) 384-0394 9 E-mail: [email protected] 10 Attorneys for Plaintiff 11 Harry M. Reid 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 HARRY M. REID, ) Case No.: 2:22-cv-01072-EJY 16 ) Plaintiff, ) STIPULATION AND PROPOSED 17 ) ORDER FOR THE AWARD AND vs. ) PAYMENT OF ATTORNEY FEES 18 ) AND EXPENSES PURSUANT TO KILOLO KIJAKAZI, ) THE EQUAL ACCESS TO JUSTICE 19 Acting Commissioner of Social ) ACT,

(d) AND Security, ) COSTS PURSUANT TO

) 1920 Defendant. ) 21 ) 22 TO THE HONORABLE ELAYNA J. YOUCHAH, MAGISTRATE JUDGE 23 OF THE DISTRICT COURT: 24 IT IS HEREBY STIPULATED, by and between the parties through their 25 undersigned counsel, subject to the approval of the Court, that Harry M. Reid be 26 1 awarded attorney fees and expenses in the amount of three thousand and eight 2 hundred dollars ($3,800.00) under the Equal Access to Justice Act (EAJA), 28

(d), and no costs under

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

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

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

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

(b), subject to the savings clause provisions of 6 || the EAJA. 7 ||DATE: March 22, 2023 Respectfully submitted, 8 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC, 9 /S| UareV. Kalagian I BY: 0 Marc V. Kalagian Attorney for plaintiff 1] HARRY M. REID 12 DATE: March 22, 2023 JASON M. FRIERSON United States Attorney 14 15 |s/ David Priddy 16 DAVID PRIDDY 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: March 24, 2023 24 0) ) Kawa) |. AS ROL 25 THE HONORABLE EVAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE 26