Marc V. Kalagian Attorney at Law: 4460 Law Offices of Lawrence D. Rohlfing, Inc., CPC 12631 East Imperial Highway Suite C-115 Santa Fe Springs, CA 90670 Tel.: (562) 868-5886 Fax: (562) 868-8868 E-mail: marc.kalagian@rksslaw.com Gerald M. Welt Attorney at Law: 1575 411 E. Bonneville Avenue, #505 Las Vegas, NV 89101 Tel.: (702) 382-2030 Fax: (702) 684-5157 E-mail: gmwesq@weltlaw.com; kwp@weltlaw.com Attorneys for Plaintiff Miguelangel Alvarez Gutierrez MIGUELANGEL ALVAREZ ) Case No.: 2:21-cv-01292-DJA GUTIERREZ, ) ) STIPULATION AND PROPOSED Plaintiff, ) ORDER FOR THE AWARD AND ) PAYMENT OF ATTORNEY FEES vs. ) AND EXPENSES PURSUANT TO ) THE EQUAL ACCESS TO JUSTICE KILOLO KIJAKAZI, ) ACT, 28 U.S.C. § 2412(d) Acting Commissioner of Social ) Security, ) ) Defendant. ) TO THE HONORABLE DANIEL J. ALBREGTS, MAGISTRATE JUDGE OF THE DISTRICT COURT: IT IS HEREBY STIPULATED, by and between the parties through their undersigned counsel, subject to the approval of the Court, that Miguelangel Alvarez Gutierrez be awarded attorney fees in the amount of THREE THOUSAND ONE HUNDRED dollars ($3,100.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs. This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). After the Court issues an order for EAJA fees to Miguelangel Alvarez Gutierrez, the government will consider the matter of Miguelangel Alvarez Gutierrez's assignment of EAJA fees to Marc Kalagian. The retainer agreement containing the assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury's Offset Program. After the order for EAJA fees is entered, the government will determine whether they are subject to any offset. Fees shall be made payable to Miguelangel Alvarez Gutierrez, but if the Department of the Treasury determines that Miguelangel Alvarez Gutierrez does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the assignment executed by Miguelangel Alvarez
Gutierrez.1 Any payments made shall be delivered to Marc Kalagian. This stipulation constitutes a compromise settlement of Miguelangel Alvarez Gutierrez's request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, 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 any and all claims that Miguelangel Alvarez Gutierrez and/or Marc Kalagian including Law Offices of Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney fees in connection with this action. This award is without prejudice to the rights of Marc Kalagian and/or the Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of DATE: May 16, 2022 Respectfully submitted, LAWRENCE D. ROHLFING, INC., CPC /s/ Ware Katagyian 1] BY: D Marc V. Kalagian Attorney for plaintiff MIGUELANGEL ALVAREZ GUTIERREZ
) DATED: May 16, 2022 JASON M. FRIERSON United States Attorney /S/ Christopher Yames Sela CHRISTOPHER JAMES BELLA Special Assistant United States Attorney Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization) Approved and so ordered: IDATE: May 18, 2022 ) O THE HONORABLE)DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE
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Marc V. Kalagian Attorney at Law: 4460 Law Offices of Lawrence D. Rohlfing, Inc., CPC 12631 East Imperial Highway Suite C-115 Santa Fe Springs, CA 90670 Tel.: (562) 868-5886 Fax: (562) 868-8868 E-mail: marc.kalagian@rksslaw.com Gerald M. Welt Attorney at Law: 1575 411 E. Bonneville Avenue, #505 Las Vegas, NV 89101 Tel.: (702) 382-2030 Fax: (702) 684-5157 E-mail: gmwesq@weltlaw.com; kwp@weltlaw.com Attorneys for Plaintiff Miguelangel Alvarez Gutierrez MIGUELANGEL ALVAREZ ) Case No.: 2:21-cv-01292-DJA GUTIERREZ, ) ) STIPULATION AND PROPOSED Plaintiff, ) ORDER FOR THE AWARD AND ) PAYMENT OF ATTORNEY FEES vs. ) AND EXPENSES PURSUANT TO ) THE EQUAL ACCESS TO JUSTICE KILOLO KIJAKAZI, ) ACT, 28 U.S.C. § 2412(d) Acting Commissioner of Social ) Security, ) ) Defendant. ) TO THE HONORABLE DANIEL J. ALBREGTS, MAGISTRATE JUDGE OF THE DISTRICT COURT: IT IS HEREBY STIPULATED, by and between the parties through their undersigned counsel, subject to the approval of the Court, that Miguelangel Alvarez Gutierrez be awarded attorney fees in the amount of THREE THOUSAND ONE HUNDRED dollars ($3,100.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs. This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). After the Court issues an order for EAJA fees to Miguelangel Alvarez Gutierrez, the government will consider the matter of Miguelangel Alvarez Gutierrez's assignment of EAJA fees to Marc Kalagian. The retainer agreement containing the assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury's Offset Program. After the order for EAJA fees is entered, the government will determine whether they are subject to any offset. Fees shall be made payable to Miguelangel Alvarez Gutierrez, but if the Department of the Treasury determines that Miguelangel Alvarez Gutierrez does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the assignment executed by Miguelangel Alvarez
Gutierrez.1 Any payments made shall be delivered to Marc Kalagian. This stipulation constitutes a compromise settlement of Miguelangel Alvarez Gutierrez's request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, 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 any and all claims that Miguelangel Alvarez Gutierrez and/or Marc Kalagian including Law Offices of Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney fees in connection with this action. This award is without prejudice to the rights of Marc Kalagian and/or the Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of DATE: May 16, 2022 Respectfully submitted, LAWRENCE D. ROHLFING, INC., CPC /s/ Ware Katagyian 1] BY: D Marc V. Kalagian Attorney for plaintiff MIGUELANGEL ALVAREZ GUTIERREZ
) DATED: May 16, 2022 JASON M. FRIERSON United States Attorney /S/ Christopher Yames Sela CHRISTOPHER JAMES BELLA Special Assistant United States Attorney Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization) Approved and so ordered: IDATE: May 18, 2022 ) O THE HONORABLE)DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE
I am employed in the county of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 12631 East Imperial Highway, Suite C-115, Santa Fe Springs, California 90670. On this day of May 18, 2022, I served the foregoing document described as 28 U.S.C. § 2412(d) on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Mr. Miguelangel Alvarez Gutierrez 6452 Point Break St. N. Las Vegas, NV 89084 I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at Santa Fe Springs, California. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. I declare that I am employed in the office of a member of this court at whose direction the service was made. Marc V. Kalagian ___ /s/ Marc V. Kalagian___________ FOR CASE NUMBER 2:21-CV-01292-DJA I hereby certify that I electronically filed the foregoing with the Clerk of the Court for this court by using the CM/ECF system on May 17, 2022. I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the CM/ECF system, except the plaintiff served herewith by mail. /s/ Marc V. Kalagian _______________________________ Marc V. Kalagian Attorneys for Plaintiff SOCTAL SECURITY REPRESENTATION AGREEMENT This agreement was made on November 17, 2020, by and between the Law Offices of Rohlfing & Kalagian, LLP referred to as attorney and Miguelangel Alvarez, Gutierrez, S.S.N. * 2920, herein referred to as Claimant. 1. Claimant cmploys and appoints Law Offices of Rohlfing & Kalagian, LLP to represent Claimant as Miguelangel Alvarez Gutierrez’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 Attorncy and it being the desire of the Claimant to compensate Attorney out of the procceds shall receive 25% of the past due benefits awarded by the Social Sccurity Administration to the claimant or such amount as the Commissioner may designate under 42 U.S.C. § 406(a)(2)(A) which is currently $6,000.00, 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 (3. 3. The provisions of { 2 only apply to dispositions’al_or before-a first hearing decision from an ALJ. The fee for successful prosecution of this matter is 25% of thé past due benefits awarded upon reversal of any unfavorable ALJ decision for work beforé 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 matters a separate 25% of the past due bencfits awarded upon reversal of any unfavorable ALJ decision for-work before the court. Attomey 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 necded to pay Attorney any amounts under the EAJA and assigns such fee awards to Attorney. foo 5. Claimant shall pay ll costs, i €luding, but not limited to costs for medical reports, filing fees, and consultations and ths lndtions 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 Attomey has completed the services for which he is hercby ermployed. 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 betwccn Attorney and Claimant. The laws of the State of California shall govern the construction and interprctation of this Agreement exccpt that federal law govcrns 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. Attomey 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 prior or referring attorneys,or bar referral service. 11. The receipt from Claimant of - none __ is heréby acknowledged by attorney to be placed in trust and used for costs. 4 iii! USSSA d 77 - LC _ DOUG □ _ Migucldneé] ATvarez Gutierrez Law Offices of Rohlfing & Kalagian, LLP