Qualls v. Kijakazi

District Court, D. Nevada

Qualls v. Kijakazi

Trial Court Opinion

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 Brenda Qualls 11 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 BRENDA QUALLS, ) Case No.: 2:23-cv-01071-BNW ) 16 Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND 17 vs. ) PAYMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT TO 18 MARTIN O'MALLEY, ) THE EQUAL ACCESS TO JUSTICE Commissioner of Social Security, ) ACT,

28 U.S.C. § 2412

(d) AND 19 ) COSTS PURSUANT TO 28 U.S.C. § Defendant. ) 1920 20 ) ) 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 Brenda Qualls 26 (“Qualls”) be awarded attorney fees and expenses in the amount of SEVEN 1 THOUSAND FIVE HUNDRED dollars ($7,500.00) under the Equal Access to 2 Justice Act (EAJA),

28 U.S.C. § 2412

(d), and no costs under

28 U.S.C. § 1920

. 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

5 U.S.C. §§ 1920

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

130 S.Ct. 2521, 2529

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

19 Rohlfing, Inc., CPC. Counsel agrees that any payment of costs may be made either 20 by electronic fund transfer (ETF) or by check. 21 This stipulation constitutes a compromise settlement of Qualls's request for 22 EAJA attorney fees, and does not constitute an admission of liability on the part of 23 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 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 ||constitute a complete release from, and bar to, any and all claims that Qualls and/o 2 Marc Kalagian including Law Offices of Lawrence D. Rohlfing, Inc., CPC, may 3 || 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

42 U.S.C. § 406

(b), subject to the savings clause provisions of 7 EAJA. 8 || DATE: September 10, 2024 Respectfully submitted, 9 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 10 /s| WUareV. Kabagian” BY: 1] Marc V. Kalagian Attorney for plaintiff 12 BRENDA QUALLS 13 14 DATED: September 10, 2024 JASON M. FRIERSON United States Attorney 15

17 MICHONNE L. OMO Special Assistant United States Attorney 18 Attorneys for Defendant MARTIN O'MALLEY, Commissioner of Social 19 Security (Per e-mail authorization) 20 ORDER 21 Approved and so ordered: 22 DATE: 9/12/2024 23 web THE HONORABLE BRENDA WEKSLER 24 UNITED STATES MAGISTRATE JUDGE 25 ||? Counsel for the plaintiff attests that all other signatories listed, and on whose 6 || behalf the filing is submitted, concur in the filing’s content and have authorized the filing.

1 DECLARATION OF MARC V. KALAGIAN 2 I, Marc V. Kalagian, declare as follows: 3 1. I am an attorney at law duly admitted to practice before this Court in this 4 case. I represent Brenda Qualls in this action. I make this declaration of 5 my own knowledge and belief. 6 2. I attach as exhibit 1 a true and correct copy of the retainer agreement with 7 Brenda Qualls containing an assignment of the EAJA fees. 8 3. I attach as exhibit 2 a true and correct copy of the itemization of time in 9 this matter. 10 I declare under penalty of perjury that the foregoing is true and correct to the 11 best of my knowledge and belief. 12 Executed this September 10, 2024, at Santa Fe Springs, California. 13 14 /s/ Marc V. Kalagian 15 _________________________ Marc V. Kalagian 16 17 18 19 20 21 22 23 24 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 September 11, 2024, I served the foregoing document 7 described as STIPULATION FOR THE AWARD AND PAYMENT OF 8 ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS 9 TO JUSTICE ACT,

28 U.S.C. § 2412

(d) AND COSTS PURSUANT TO 28 U.S.C. 10 § 1920 on the interested parties in this action by placing a true copy thereof 11 enclosed in a sealed envelope addressed as follows: 12 Ms. Brenda Qualls 3216 Brayton Mist Dr. 13 North Las Vegas, NV 89081 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 2:23-CV-01071-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 September11, 2024. 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 June 12, 2023, by and between the Law Offices of Lawrence D. Rohlfing, Inc., CPC referred to as attorney and Ms. Brenda Qualls, S$.S.N. 6850, herein referred to as Claimant. 1. Claimant employs and appoints Law Offices of Lawrence D. Rohlfing, Inc., CPC to represent Claimant as Ms. Brenda Qualls’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 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)(2)(A) which is $7,200.60 as of November 30, 2022, whichever is smaller, upon successful completion of the case at or before a first hearing decision from an ALJ. If the Claimant and the Attorney are unsuccessful in obtaining a recovery, Attorney will receive no fee. This matter is subject expedited fee approval except as stated in 93. 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 time 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. Attorney shall seek compensation under the Equal Access to Justice Act and such amount shail 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 Attormey. 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 Attorney has completed the services for which he is hereby employed. 7. Attorney 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 iaw 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 Don H. Jorgensen, 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. It is so agreed.

OP pf / A oy hy. fis |S|-Lawa E. Krauk Ms. Brenda Qitalls ~~ ~ ~ ~"“SL~ Law Offices of Lawrence D. Rohlfing, Inc., CPC Laura E. Krank

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Brenda Qualls Social Security case Responsible Attorney: Marc V. Kalagian (MVK) Laura Krank (LK) at $244.62 Paralegal: Enny Perez (EP); Marylin Gonzalez at $179.00 DATE: TIME: PLGL: DESCRIPTION: 12-Jun-23 0.5 EP preparation of letter to client regarding District Court 12-Jun-23 0.2 EP preparation of fee waiver questionnaire and fee waiver form 6-Jul-23 0.3 EP letter to client after filing of complaint 2-Aug-23 0.1 EP receipt and review of IFP 10-Aug-23 0.1 EP receipt and review of amended order IFP 11-Sep-23 0.4 EP status letter to client after receipt of AR 16-Aug-24 0.2 MG preparation of letter to client regarding results 22-Aug-24 0.3 EP letter to AC re effectuation of judgment Subtotals 2.10 $375.90 DATE: TIME: ATTY: DESCRIPTION: 31-May-23 0.8 LK review of unfavorable and AC denial for DC 2-Aug-23 1.2 LK preparation of complaint 2-Aug-23 0.3 MVK review and revise complaint 4-Nov-23 6.5 LK review of AR (2100 pages) and begin outline of brief 5-Nov-23 5.7 LK continue legal research and writing brief 6-Nov-23 6.5 LK continue briefing 7-Nov-23 5.2 LK finish brief and final review 8-Nov-23 1 MVK review and revise brief for filing 30-Nov-23 0.2 MVK receipt and review of D's ext. 4-Dec-23 0.1 MVK receipt and review of order granting EOT 25-Jan-24 0.2 MVK receipt and review of D's seconds ext. 29-Jan-24 0.1 MVK receipt and review of order granting EOT 30-Jan-24 0.2 MVK receipt and review of email from ARC re remand 31-Jan-24 0.3 LK t/c with client re remand proposal 31-Jan-24 0.2 MVK email response to remand 12-Feb-24 0.1 MVK email response from ARC re counter offer 21-Feb-24 1.2 LK receipt and review of D's reply 9-Aug-24 0.3 LK receipt and review of judgment 3-Sep-24 0.5 MVK preparation of letter to regional counsel regarding EAJA fees and costs 3-Sep-24 0.2 MVK letter to client re EAJA settlement 0.3 LK preparation of stipulation for EAJA fees Subtotals 30.6 $7,485.37 TOTAL TIME 32.7 EXPENSES TOTAL EAJA $7,861.27

Reference

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