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 Yen Lily Ho 11 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 YEN LILY HO, ) Case No.: 22-CV-2008-EJY ) 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 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 Yen Lily Ho be 26 awarded attorney fees in the amount of FOUR THOUSAND ONE HUNDRED 1 dollars ($4,100.00) under the Equal Access to Justice Act (EAJA),

2412(d), and costs in the amount of ZERO dollars ($0.00) under

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

; 2412(d). 6 After the Court issues an order for EAJA fees to Yen Lily Ho, the 7 government will consider the matter of Yen Lily Ho's assignment of EAJA fees to 8 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 Yen Lily Ho, but if the Department of the 15 Treasury determines that Yen Lily Ho 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 Yen Lily Ho.1 Any payments made shall be delivered to

19 Law Offices of Lawrence D. Rohlfing, Inc, CPC. 20 This stipulation constitutes a compromise settlement of Yen Lily Ho'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 Yen 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 || Lily Ho 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: June 14, 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] YEN LILY HO 12 DATED: June 14, 2023 JASON M. FRIERSON United States Attorney 14 15 |s/ Wichouue L, Owe 16 MICHONNE L. OMO Special Assistant United States Attorney 17 Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of 18 Social Security (Per e-mail authorization) 19 ORDER 20 Approved and so ordered: 21 22 DATE: June 15, 2023 23 24 □ □□□ □□ Arora c Va lA 25 THE H@NORABILE ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE 26