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 Jacqueline K. Longwill 11 12 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 16 JACQUELINE K. LONGWILL, ) Case No.: 3:23-cv-00160-CLB ) 17 Plaintiff, ) ORDER GRANTING ) STIPULATION FOR THE AWARD 18 vs. ) AND PAYMENT OF ATTORNEY ) FEES AND EXPENSES 19 LELAND DUDEK,1 ) PURSUANT TO THE EQUAL Acting Commissioner of Social ) ACCESS TO JUSTICE ACT, 28 20 Security, ) U.S.C. § 2412(d) AND COSTS ) PURSUANT TO

21 Defendant. ) ) 22 23 24 25 1 Leland Dudek, the new Acting Commissioner of Social Security, should be substituted as the defendant in this suit per F.R.C.P. Rule 25(d). No further action 26 1 TO THE HONORABLE CARLA BALDWIN, MAGISTRATE JUDGE OF 2 THE DISTRICT COURT: 3 IT IS HEREBY STIPULATED, by and between the parties through their 4 undersigned counsel, subject to the approval of the Court, that Jacqueline K. 5 Longwill (“Longwill”) be awarded attorney fees in the amount of fourteen 6 thousand dollars ($14,000.00) and expenses in the amount of zero dollars ($0.00) 7 under the Equal Access to Justice Act (EAJA),

(d), and costs in 8 the amount of zero dollars ($0.00) under

. This amount 9 represents compensation for all legal services rendered on behalf of Plaintiff by 10 counsel in connection with this civil action, in accordance with

; 11 2412(d). 12 After the Court issues an order for EAJA fees to Longwill, the government 13 will consider the matter of Longwill's assignment of EAJA fees to Marc Kalagian. 14 The retainer agreement containing the assignment is attached as exhibit 1. 15 Pursuant to Astrue v. Ratliff,

(2010), the ability to honor the 16 assignment will depend on whether the fees are subject to any offset allowed under 17 the United States Department of the Treasury's Offset Program. After the order for 18 EAJA fees is entered, the government will determine whether they are subject to

19 any offset. 20 Fees shall be made payable to Longwill, but if the Department of the 21 Treasury determines that Longwill does not owe a federal debt, then the 22 government shall cause the payment of fees, expenses and costs to be made 23 directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the 24 /// 25 /// 26 /// 1 assignment executed by Longwill.2 Any payments made shall be delivered to Law 2 Offices of Lawrence D. Rohlfing, Inc., CPC. Counsel agrees that any payment of 3 costs may be made either by electronic fund transfer (ETF) or by check. 4 This stipulation constitutes a compromise settlement of Longwill's request 5 for EAJA attorney fees, and does not constitute an admission of liability on the part 6 of Defendant under the EAJA or otherwise. Payment of the agreed amount shall 7 constitute a complete release from, and bar to, any and all claims that Longwill 8 and/or Marc Kalagian including Law Offices of Lawrence D. Rohlfing, Inc., CPC, 9 may have relating to EAJA attorney fees in connection with this action. 10 This award is without prejudice to the rights of Marc Kalagian and/or the 11 Law Offices of Lawrence D. Rohlfing, Inc., CPC, to seek Social Security Act 12 attorney fees under

(b), subject to the savings clause provisions of 13 the EAJA. 14 DATE: February 24, 2025 Respectfully submitted, 15 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 16 /s/ Marc V. Kalagian 3 BY: __________________ 17 Marc V. Kalagian Attorney for plaintiff 18 JACQUELINE K. LONGWILL 19 20 21 22 23 2 The parties do not stipulate whether counsel for the plaintiff has a cognizable lien 24 under federal law against the recovery of EAJA fees that survives the Treasury Offset Program. 25 3 Counsel for the plaintiff attests that all other signatories listed, and on whose behalf the filing is submitted, concur in the filing’s content and have authorized the 26 1 || DATED: February 24, 2025 □ □□□ FAHIMI Acting United States Attorney 3 /s/ Delfrey E. Staples 4 JEFFREY E. STAPLES 5 Special Assistant United States Attorney Attorneys for Defendant 6 LELAND DUDEK, Acting Commissioner of Social Security (Per e-mail authorization) 8 10 ORDER 11 Approved and so ordered: 12 || DATE: February 24, 2025 ‘

13 THE HONORABLE CARLA BALDWIN 14 UNITEB STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26