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 Denise L. Miller 11

12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 DENISE L. MILLER, ) Case No.: 2:22-cv-01601-BNW ) 16 Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND 17 vs. ) PAYMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT TO 18 KILOLO KIJAKAZI, ) THE EQUAL ACCESS TO JUSTICE Acting Commissioner of Social ) ACT,

(d) AND 19 Security, ) COSTS PURSUANT TO 28 U.S.C. § ) 1920 20 Defendant. ) ) 21 22 TO THE HONORABLE BRENDA WEKSLER, 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 Denise L. Miller be 26 awarded attorney fees and expenses in the amount of FIFTEEN HUNDRED 1 TWENTY-EIGHT dollars AND FORTY-SEVEN cents ($1,528.47) under the 2 Equal Access to Justice Act (EAJA),

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

. This 4 amount represents compensation for all legal services rendered on behalf of 5 Plaintiff by counsel in connection with this civil action, in accordance with 28

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

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

19 assignment executed by Denise L. Miller.1 Any payments made shall be delivered 20 to Marc Kalagian. 21 This stipulation constitutes a compromise settlement of Denise L. Miller's 22 request for EAJA attorney fees, and does not constitute an admission of liability on 23 the part of Defendant under the EAJA or otherwise. Payment of the agreed amount 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 || shall constitute a complete release from, and bar to, any and all claims that Denise 2 ||L. Miller and/or Marc Kalagian including Law Offices of Lawrence D. Rohlfing, 3 || Inc., CPC may have relating to EAJA attorney 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 EAJA. 8 || DATE: April 3, 2023 ~~ Respectfully submitted, 9 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC, 10 /s/ Ware. Katagyian BY: 1] Marc V. Kalagian Attorney for plaintiff 12 DENISE L. MILLER 13 14 DATED: April 3, 2023 JASON M. FRIERSON United States Attorney 15

17 GERALYN A. GULSETH Special Assistant United States Attorney 18 Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of 19 Social Security (Per e-mail authorization) 20 ORDER 21 Approved and so ordered: 22 DATE: April 5, 2023 23 □□ la WE 24 THE HONORABLE BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 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 April 4, 2023, 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 Ms. Denise L. Miller 3935 Moon Vista Drive 13 Sparks, NV 89436

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-01601-BNW 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 April 4, 2023. 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

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