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 Nicole Yvette Carpenter 11 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 NICOLE YVETTE CARPENTER, ) Case No.: 2:24-cv-01676-DJA ) 16 Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND 17 vs. ) PAYMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT TO 18 CAROLYN COLVIN, ) 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 DANIEL J. ALBREGTS, 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 Nicole Yvette 26 Carpenter (“Carpenter”) be awarded attorney fees in the amount of TWELVE 1 HUNDRED dollars ($1,200.00) under the Equal Access to Justice Act (EAJA), 28

(d), and no costs under

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

; 2412(d). 5 After the Court issues an order for EAJA fees to Carpenter, the government 6 will consider the matter of Carpenter's assignment of EAJA fees to Marc 7 Kalagian. The retainer agreement containing the assignment is attached as exhibit 8 1. Pursuant to Astrue v. Ratliff,

(2010), the ability to honor 9 the assignment will depend on whether the fees are subject to any offset allowed 10 under the United States Department of the Treasury's Offset Program. After the 11 order for EAJA fees is entered, the government will determine whether they are 12 subject to any offset. 13 Fees shall be made payable to Carpenter, but if the Department of the 14 Treasury determines that Carpenter does not owe a federal debt, then the 15 government shall cause the payment of fees, expenses and costs to be made 16 directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the 17 assignment executed by Carpenter.1 Any payments made shall be delivered to Law 18 Offices of Lawrence D. Rohlfing, Inc., CPC. Counsel agrees that any payment of

19 costs may be made either by electronic fund transfer (ETF) or by check. 20 This stipulation constitutes a compromise settlement of Carpenter's request 21 for EAJA attorney fees, and does not constitute an admission of liability on the part 22 of Defendant under the EAJA or otherwise. Payment of the agreed amount shall 23 constitute a complete release from, and bar to, any and all claims that Carpenter 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 || and/or Marc Kalagian including Law Offices of Lawrence D. Rohlfing, Inc., CPC, 2 ||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: December 27, 2024 Respectfully submitted, 8 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 9 /3/ WareV. Kalagian I BY: 0 Marc V. Kalagian Attorney for plaintiff NICOLE YVETTE CARPENTER 12 B DATE: December 27, 2024 JASON M. FRIERSON United States Attorney 14 15 /S/ Gustia L. Martin for Frauce Ll, Geeta 16 FRANCO L. BECIA Special Assistant United States Attorney 17 Attorneys for Defendant CAROLYN COLVIN, Acting Commissioner of 18 Social Security (Per e-mail authorization) 19 ORDER 20 Approved and so ordered: 21 DATE: 1/13/2025 ) O <a 23 THE HONORABLE DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 24 25 26

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 Nicole Yvette Carpenter in this action. I make this 5 declaration of my own knowledge and belief. 6 2. I attach as exhibit 1 a true and correct copy of the retainer agreement with 7 Nicole Yvette Carpenter 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 December 27, 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 January 10, 2025, I served the foregoing document described 7 as 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. Nicole Yvette Carpenter 3800 S. Nellis Blvd. Apt. 108 13 Las Vegas, NV 89121 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 2:24-CV-01676-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 January 10, 2025. 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 This agreement was made on October 25, 2023, by and between the Law Offices of Lawrence D. Rohlfing, Inc., CPC referred to as attorney and Ms. Nicole Yvette Carpenter, S.S.N. '-5339, herein referred to as Claimant. 1. Claimant employs and appoints Law Offices of Lawrence D. Rohlfing, Inc., CPC to represent Claimant as Ms. Nicole Yvette Carpenter’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

(a)(2)(A) which is $7,200.00 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 unsuccessfulin □□ obtaining a recovery, Attorney will receive no fee. This matter is subject expedited fee approval as stated in 43. . ee □□ 3. The provisions of 4 2 only apply to dispositions at or before-a first hearing decision □□□□ 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 □□□ Social Security Act for all time whether exclusively or not committed to such representation. 4, Tf 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 pastdue 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 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 Attorneys pe 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 opiniononly. = 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. federal law governs the approval of fees by the Commissioner or a federal court. Businessand Professions Code § 6147(a)(4) states “that the fee is not set by law but is negotiable between □□□□ attorney and client.” oe □ . _9. Attorney agrees to perform all the services herein mentioned for the compensation □ above. - = a □ 10. Client authorizes attorney to pay out of attorney fees and without cost to client any and all referral or association fees to James T. Crytzer, not to exceed 25% of fees. 11. The receipt from Claimant of none ~_ is hereby acknowledged by attorney tobe placed in trust and used forcosts ee

v nn oe Cp pena At Pop □ . □

Nicole Carpenter

Social Security case Responsible Attorney: Marc V. Kalagian at $252.72 Paralegal: Enedina Perez (EP) at $179.00 Clerical: Enedina Perez (EP); Sue Roe (SR) at $89.50 DATE: TIME: ATTY: DESCRIPTION: 27-Nov-24 0.3 EP letter to AC re effectuation of judgment Subtotals 0.3 $53.70 10-Sep-24 0.3 EP preparation of certificate of interested parties, civil cover sheet and IFP 10-Sep-24 0.4 EP filing of complaint 16-Sep-24 0.1 EP receipt of order granting IFP 14-Nov-24 0.1 SR receipt and review of order and judgment Subtotals 0.9 80.55 13-Aug-24 MVK review of file and AC denial for District Court case; letter to client re: same 1.5 10-Sep-24 0.4 MVK draft complaint; memo to EP re filing 29-Oct-24 MVK receipt of email from ARC re remand; t/c with client re same; letter to client 0.5 re acceptance; email response to ARC 15-Nov-24 0.5 MVK review of order and judment of remand; letter to client re same 27-Dec-24 0.3 MVK letter to client re EAJA 27-Dec-24 0.7 MVK preparation of letter to regional counsel 0.5 MVK preparation of stipulation for EAJA Subtotals 4.4 $1,076.33 TOTAL TIME 5.6 TOTAL EAJA $1,210.58