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 Jose N. Avila 11 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 JOSE N. AVILA, ) Case No.: 2:24-cv-00690-EJY ) 16 Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND 17 vs. ) PAYMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT TO 18 FRANK BISIGNANO1, ) THE EQUAL ACCESS TO JUSTICE Commissioner of Social Security, ) ACT,

(d) AND 19 ) COSTS PURSUANT TO 28 U.S.C. § Defendant. ) 1920 20 ) ) 21 22 23 24 1 Frank Bisignano became Commissioner of Social Security on May 7, 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Frank Bisignano 25 should be substituted for Leland Dudek as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 26 1 TO THE HONORABLE ELAYNA J. YOUCHAH, MAGISTRATE JUDGE 2 OF 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 Jose N. Avila 5 (“Avila”) be awarded attorney fees in the amount of FORTY-EIGHT HUNDRED 6 dollars ($4,800.00) under the Equal Access to Justice Act (EAJA),

2412(d), and no costs under

. This amount represents 8 compensation for all legal services rendered on behalf of Plaintiff by counsel in 9 connection with this civil action, in accordance with

; 2412(d). 10 After the Court issues an order for EAJA fees to Avila, the government will 11 consider the matter of Avila's assignment of EAJA fees to Marc Kalagian. The 12 retainer agreement containing the assignment is attached as exhibit 1. Pursuant to 13 Astrue v. Ratliff,

(2010), the ability to honor the assignment 14 will depend on whether the fees are subject to any offset allowed under the United 15 States Department of the Treasury's Offset Program. After the order for EAJA fees 16 is entered, the government will determine whether they are subject to any offset. 17 Fees shall be made payable to Avila, but if the Department of the Treasury 18 determines that Avila does not owe a federal debt, then the government shall cause

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

(b), subject to the savings clause provisions of 10 the EAJA. 11 DATE: May 16, 2025 Respectfully submitted, 12 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 13 /s/ Marc V. Kalagian BY: __________________ 14 Marc V. Kalagian Attorney for plaintiff 15 JOSE N. AVILA 16 DATE: May 16, 2025 SIGAL CHATTAH 17 United States Attorney 18 /s/ Jeffrey E. Staples 19 JEFFREY E. STAPLES Special Assistant United States Attorney 20 Attorneys for Defendant FRANK BISIGNANO, Commissioner of Social 21 Security (Per e-mail authorization) 22 ORDER 23 Approved and so ordered: 24 DATE: M a y 19, 2025 25 ___________________________________ THE HONORABLE ELAYNA J. YOUCHAH 26