Melanie Degidio v. Frank Bisignano

District Court, D. Nevada

Melanie Degidio v. Frank Bisignano

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 and Stone, Chtd. 7 710 South 4th Street Las Vegas, NV 89101 Tel.: (702) 385-2220 8 Fax: (702) 384-0394 E-mail: [email protected] 9 Attorneys for Plaintiff 10 Melanie Degidio 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 MELANIE DEGIDIO, ) Case No.: 2:25-cv-01203-DJA ) 14 Plaintiff, ) STIPULATION FOR THE AWARD ) AND PAYMENT OF ATTORNEY 15 vs. ) FEES AND EXPENSES PURSUANT ) TO THE EQUAL ACCESS TO 16 FRANK BISIGNANO, ) JUSTICE ACT,

28 U.S.C. § 2412

(d) Commissioner of Social Security, ) AND COSTS PURSUANT TO 28 17 ) U.S.C. § 1920; DECLARATION OF Defendant. ) MARC V. KALAGIAN 18 ) ) 19 20 TO THE HONORABLE DANIEL J. ALBREGTS, MAGISTRATE JUDGE 21 OF THE DISTRICT COURT: 22 IT IS HEREBY STIPULATED by and between the parties through their 23 undersigned counsel, subject to the approval of the Court, that Melanie Degidio 24 (“Degidio”) be awarded attorney fees and expenses in the amount of one thousand 25 eight hundred seventy-five dollars ($1,875.00) under the Equal Access to Justice 26 Act (EAJA),

28 U.S.C. § 2412

(d), and no costs under

28 U.S.C. § 1920

. This 1 amount represents compensation for all legal services rendered on behalf of 2 Degidio by counsel in connection with this civil action, in accordance with 28

3 U.S.C. §§ 1920

; 2412(d). 4 Degidio was the prevailing party in this matter and Degidio is an individual 5 whose net worth does not exceed $2,000,000 at the time the civil action was filed. 6 The position of the Commissioner was not substantially justified and an award of 7 fees is not unjust. 8 Under Astrue v. Ratliff,

130 S. Ct. 2521, 2528-29

(2010), EAJA fees 9 awarded by this Court belong to the Degidio and are subject to offset under the 10 Treasury Offset Program (

31 U.S.C. § 3716

(c)(3)(B) (2006)). Any EAJA fees 11 should therefore be awarded to Degidio and not to Degidio’s attorney. Fees can be 12 made payable by check or electronic funds transfer (EFT). 13 If, after receiving the Court’s order awarding fees and expenses under the 14 EAJA, the Commissioner (1) determines that Degidio has assigned her right to 15 EAJA fees to her attorney; (2) determines that Degidio does not owe a debt that is 16 subject to offset under the Treasury Offset Program, the EAJA fees will be made 17 payable to Degidio’s attorney. However, if there is a debt owed under the Treasury 18 Offset Program, the remaining EAJA fees after offset will be paid by a check or

19 EFT made out to Degidio but delivered to Degidio’s attorneys, Lawrence D. 20 Rohlfing, Inc., CPC pursuant to the assignment executed by Degidio. 1 21 The retainer agreement containing the assignment by Degidio to counsel is 22 attached as exhibit 1. The firm’s hours are attached as exhibit 2. 23 24

25 1 The parties do not stipulate whether counsel has a cognizable lien under federal law against the recovery of EAJA fees and expenses that survives the Treasury 26 1 This stipulation constitutes a compromise settlement of Degidio'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 Degidio 5 and/or Marc V. Kalagian including Law Offices of Lawrence D. Rohlfing, Inc., 6 || CPC may have relating to EAJA attorney fees in connection with this action. 7 The parties further agree that the EAJA award is without prejudice to the 8 || right of Marc V. Kalagian and/or the Law Offices of Lawrence D. Rohlfing, Inc., 9 || CPC to seek attorney fees pursuant to Social Security Act § 206(b),

42 U.S.C. § 10

||406(b), subject to the offset provisions of the EAJA. See

28 U.S.C. § 2412

(c)(1) 11 (2006). 12 || DATE: September 29, 2025 Respectfully submitted, 13 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 14 ls) WMareV. Kalagian 1 BY: > Marc V. Kalagian 16 Attorney for plaintiff Melanie Degidio 1 DATED: SIGAL CHATTAH 7 United States Attorney 18 |s/ Aagela VMoruten-Millard 19 ANGELA THORNTON-MILLARD 20 Special Assistant United States Attorney Attorneys for Defendant FRANK BISIGNANO, 71 Commissioner of Social Security (Per e-mail authorization) 22 ORDER 23 || IT IS SO ORDERED: 4 □□ DATE: 10/6/2025 ~

25 THE HONORABLE\DANIEL J. ALBREGTS 26 UNITED STATES MAGISTRATE JUDGE

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 Melanie Degidio in this action. I make this declaration 5 of my own knowledge and belief. 6 2. I attach as exhibit 1 a true and correct copy of the itemization of time in 7 this matter. 8 3. I attach as exhibit 2 a true and correct copy of the retainer agreement with 9 Melanie Degidio containing an assignment of the EAJA fees. 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 30, 2025, 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 October 2, 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

28 U.S.C. § 2412

(d) AND COSTS PURSUANT TO

28 U.S.C. § 1920

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. Melanie Degidio P O Box 128 13 Tonopah, NV 89049

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 TYPE OR PRINT NAME SIGNATURE 21 22 23 24 25 26 1 CERTIFICATE OF SERVICE FOR CASE NUMBER 2:25-CV-01203-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 October 2, 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 Attorneys: Marc V. Kalagian, Lawrence Rohlfing Paralegals: Enedina Perez, Michelle Cruz Date Subject AuthorHours 7/3/2025 receipt and reivew of notice of reference/ direct assignment; option EP 0.3 7/14/2025 1696 retainer agreement to District Office for District Court new client MC 0.25 7/22/2025 receipt nad review of appearance EP 0.1 8/18/2025 receipt and review of order RE: IFP EP 0.1 8/19/2025 Letter to client with DC status upon filing of complaint EP 0.4 9/2/2025 receipt and review of appearance EP 0.1 9/2/2025 receipt and reivew of CAR EP 0.5 9/11/2025 Client letter re remand scope and process MC 0.4 9/25/2025 AC Post Judgment letter (appeals council to remand) EP 0.3 Paralegal services at $179 2.45 Date Subject AuthorHours 6/17/2025 Review AC and ALJ Denial 6/17/2025 LDR 1 6/17/2025 Client letter scope and terms of representation District Court on referral LDR 0.4 6/17/2025 Fee Waiver Questionnaire LDR 0.2 6/17/2025 review for NV DC MVK 0.4 7/1/2025 Complaint Titles II & XVI, preparation of, and related papers (Nevada MVK)LDR 1.2 7/1/2025 review and revise complaint for filing MVK 0.2 8/19/2025 Order granting to proceed IFP with additional instructions MVK 0.1 9/2/2025 client letter confirming agreement to remand on stipulation and TC LDR 0.5 9/2/2025 review of COSS offer of remand and file LDR 0.3 9/3/2025 preparation of email to ARC re: accepts offer MVK 0.15 9/8/2025 Review the judgment 9/5/2025 LDR 0.05 9/25/2025 preparation of EAJA package LDR 0.6 9/26/2025 review of EAJA package offer to ARC MVK 0.15 9/26/2025 preparation of request for authority LDR 0.4 preparation of EAJA stipulation and order LDR 0.4 Attorney services at $251.84 6.05 TOTAL HOURS 8.5 LODESTAR $1,962.18 PUULIAL SHUUARLILY REPRBESENIALION AGREEMENT This agreement was made on June 17, 2025, by and between the Law Offices of Lawrence D. Rohlfing, Inc., CPC referred to as attorney and Melanie Degidio, S.S.N. 4241, herein referred to as Claimant. 1. Claimant employs and appomts Law Offices of Lawrence D. Rohlfing, Inc., CPC to represent Claimant as Melanie Degidio’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. 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 and auxiliaries or such amount as the Commissioner may designate under

42 U.S.C. § 406

(a)(2)(A) which is $9,200 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 43. 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. Ifthis 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 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 to Attorney. 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 Cahfornia shall govern the construction and interpretation of this Agreement except that federal law 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 NONE not to exceed 25% of fees and without adding to any fees owed by Claimant. 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. WMareV. Kalagian \ ZL . Nedlands Cegihio Roklfing Melanie Degidio Law Offices of Lawrence D. Rohlfing, Inc., CPC

Reference

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