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, #505 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 Dolly Stoddart 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 DOLLY STODDART, ) Case No.: 2:22-cv-01119-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 Dolly Stoddart be 25 awarded attorney fees and expenses in the amount of THIRTY-EIGHT 26 1 HUNDRED dollars ($3,800.00) under the Equal Access to Justice Act (EAJA), 28

(d), and costs in the amount of zero dollars ($0.00) under 28 U.S.C. 3 § 1920. This amount represents compensation for all legal services rendered on 4 behalf of Plaintiff by counsel in connection with this civil action, in accordance 5 with

; 2412(d). 6 After the Court issues an order for EAJA fees to Dolly Stoddart, the 7 government will consider the matter of Dolly Stoddart'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 Dolly Stoddart, but if the Department of the 15 Treasury determines that Dolly Stoddart 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 Dolly Stoddart.1 Any payments made shall be delivered to

19 Marc Kalagian. 20 This stipulation constitutes a compromise settlement of Dolly Stoddart'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 Dolly 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 || Stoddart 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: April 17, 2023 Respectfully submitted, 8 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 9 /S| WareV. Kalagian I BY: 0 Marc V. Kalagian Attorney for plaintiff 1 DOLLY STODDART 12 DATE: May 2, 2023 JASON M. FRIERSON United States Attorney 14 15 /s/ Ryau La 16 RYAN LU Special Assistant United States Attorney 17 Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of 18 Social Security (Per e-mail authorization) 19 20 ORDER 21 Approved and so ordered: 22 ||DATE: May 3, 2023 ) > a ~

THE HONORABLE(DANIEL J. ALBREGTS 24 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 May 2, 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 Mrs. Dolly Stoddart 107 Scarlett View Avenue 13 North Las Vegas, NV 89031 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-01119-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 May 2, 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 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SOCTAL SECURITY REPRESENTATION AGREEMENT This agreement was made on June 8, 2022, by and between the Law Offices of Lawrence D, Rohlfing, Inc., CPC referred to as attorney and Dolly Stoddart, $.S.N. 1260, herein referred to as Claimant. 1. Claimant employs and appoints Law Offices of Lawrence D. Rohlfing, Inc., CPC to represent Claimant as Dolly Stoddart’s Attorneys at law in a Social Security claim regarding a claim for disability benefits and empowers Attorney to take such action as may be advisable in the judgment of Attomey, 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

(a)(2)(A) which is currently $6,000.00, whichever is smalter, upon successful completion of the case at or before a first hearing decision from an ALJ. If the Claimant and the Attomey are «unsuccessful in obtaining a recovery, Attorney will receive no fee. This matter is subject expedited fee approval except as staled in 43. 3. The provisions of | 2 only apply to dispositions at or before a first hearing decision from an ALJ, The tee for successful prosecution of this matter is 25% of the past due benefits awarded upon reversal of any uafavorable ALJ decision for work before the Social Security Administration. Altorney shall petition for authorization to charge this fee in compliance with the Social Security Act for all time whciher 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. Attorney shall seek compensation under the Equal Access to Justice Act and such amount shall credit to the client for fecs 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 Atiomey. 5. Claimant shall pay all costs, including, but not limited to costs for medica! 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 Attorney has completed the services for which he is hercby employed. 7. Attorney has made no warranties as to the successful termination of the cause of action, and all expressions made by Attorncy 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 federa! court. Business and Professions Code § 6147(a)(4) states “that the fee is not set by law but is negotiable between attorney and clicnt.” 9. Aitorney 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 Gerald M. Welt, 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.

~ [3] Marc U. Kalagian Dolly Stoddart Law Offices of Lawrence D. Rohlfing, Inc.. CPC Marc V. Kalagian