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: marc.kalagian@rksslaw.com 5 Leonard Stone 6 Attorney at Law: 5791 710 South 4th Street Las Vegas, NV 89101 7 Tel.: (702) 385-2220 Fax: (702) 384-0394 8 E-mail: MCarias@shookandstone.com 9 Attorneys for Plaintiff Oslaida Cruz De Oses 10 13 14 OSLAIDA CRUZ DE OSES, ) Case No.: 2:22-cv-01201-VCF ) 15 Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND 16 vs. ) PAYMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT TO 17 KILOLO KIJAKAZI, ) THE EQUAL ACCESS TO JUSTICE Acting Commissioner of Social ) ACT, 28 U.S.C. § 2412(d) AND 18 Security, ) COSTS PURSUANT TO 28 U.S.C. § ) 1920 19 Defendant. ) ) 20 22 THE DISTRICT COURT: 23 IT IS HEREBY STIPULATED, by and between the parties through their 24 undersigned counsel, subject to the approval of the Court, that Oslaida Cruz De 25 Oses be awarded attorney fees in the amount of two thousand seven hundred three 26 dollars and two cents ($2,703.02) and expenses in the amount of eight dollars and 1 six cents ($8.06) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2 2412(d), and costs in the amount of zero dollars ($0.00) under 28 U.S.C. § 1920. 3 This amount represents compensation for all legal services rendered on behalf of 4 Plaintiff by counsel in connection with this civil action, in accordance with 28 5 U.S.C. §§ 1920; 2412(d). 6 After the Court issues an order for EAJA fees to Oslaida Cruz De Oses, the 7 government will consider the matter of Oslaida Cruz De Oses's assignment of 8 EAJA fees to Marc Kalagian. The retainer agreement containing the assignment is 9 attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), 10 the ability to honor the assignment will depend on whether the fees are subject to 11 any offset allowed under the United States Department of the Treasury's Offset 12 Program. After the order for EAJA fees is entered, the government will determine 13 whether they are subject to any offset. 14 Fees shall be made payable to Oslaida Cruz De Oses, but if the Department 15 of the Treasury determines that Oslaida Cruz De Oses does not owe a federal debt, 16 then the government shall cause the payment of fees, expenses and costs to be 17 made directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the 18 assignment executed by Oslaida Cruz De Oses.1 Any payments made shall be
19 delivered to Law Offices of Lawrence D. Rohlfing, Inc., CPC. 20 This stipulation constitutes a compromise settlement of Oslaida Cruz De 21 Oses's request for EAJA attorney fees, and does not constitute an admission of 22 liability on the part of Defendant under the EAJA or otherwise. Payment of the 23 agreed amount shall constitute a complete release from, and bar to, any and all 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 ||claims that Oslaida Cruz De Oses and/or Marc Kalagian including Law Offices of 2 || Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney fees in 3 connection with this action. 4 This award is without prejudice to the rights of Marc Kalagian and/or the 5 || Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act 6 || attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of 8 || DATE: June 1, 2023 Respectfully submitted, 9 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 10 /s/ Ware. Katagyian BY: 1] Marc V. Kalagian Attorney for plaintiff 13 DATED: June 1, 2023 JASON M. FRIERSON 14 United States Attorney 15
Special Assistant United States Attorney 18 Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of 19 Social Security (Per e-mail authorization) 20 ORDER 21 Approved and so ordered: 22 DATE: 6-8-2023
UNITED STATES MAGISTRATE JUDGE 25 26
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 June 1, 2023, I served the foregoing document described as 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. Oslaida Cruz De Oses 2005 Cordova St. 13 Las Vegas, NV 89104 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___________ 22 23 24 25 26 FOR CASE NUMBER 2:22-CV-01201-VCF 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 June 1, 2023. 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 FH, SOCIAL SECURITY REPRESENTATION AGREEMENT vo 0 a □□□□ This agreement was made on July 20, 2021, by and between the Law Offices of Lawrence D. Rohlfing referred to as attorney and Ms. Oslaida Cruz De Oses, S.S.N. 6582, herein referred to as Claimant. 1. Claimant employs and appoints Law Offices of Lawrence D. Rohlfing to represent Claimant as Ms. Oslaida Cruz De Oses’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 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. 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.
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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: marc.kalagian@rksslaw.com 5 Leonard Stone 6 Attorney at Law: 5791 710 South 4th Street Las Vegas, NV 89101 7 Tel.: (702) 385-2220 Fax: (702) 384-0394 8 E-mail: MCarias@shookandstone.com 9 Attorneys for Plaintiff Oslaida Cruz De Oses 10 13 14 OSLAIDA CRUZ DE OSES, ) Case No.: 2:22-cv-01201-VCF ) 15 Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND 16 vs. ) PAYMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT TO 17 KILOLO KIJAKAZI, ) THE EQUAL ACCESS TO JUSTICE Acting Commissioner of Social ) ACT, 28 U.S.C. § 2412(d) AND 18 Security, ) COSTS PURSUANT TO 28 U.S.C. § ) 1920 19 Defendant. ) ) 20 22 THE DISTRICT COURT: 23 IT IS HEREBY STIPULATED, by and between the parties through their 24 undersigned counsel, subject to the approval of the Court, that Oslaida Cruz De 25 Oses be awarded attorney fees in the amount of two thousand seven hundred three 26 dollars and two cents ($2,703.02) and expenses in the amount of eight dollars and 1 six cents ($8.06) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2 2412(d), and costs in the amount of zero dollars ($0.00) under 28 U.S.C. § 1920. 3 This amount represents compensation for all legal services rendered on behalf of 4 Plaintiff by counsel in connection with this civil action, in accordance with 28 5 U.S.C. §§ 1920; 2412(d). 6 After the Court issues an order for EAJA fees to Oslaida Cruz De Oses, the 7 government will consider the matter of Oslaida Cruz De Oses's assignment of 8 EAJA fees to Marc Kalagian. The retainer agreement containing the assignment is 9 attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), 10 the ability to honor the assignment will depend on whether the fees are subject to 11 any offset allowed under the United States Department of the Treasury's Offset 12 Program. After the order for EAJA fees is entered, the government will determine 13 whether they are subject to any offset. 14 Fees shall be made payable to Oslaida Cruz De Oses, but if the Department 15 of the Treasury determines that Oslaida Cruz De Oses does not owe a federal debt, 16 then the government shall cause the payment of fees, expenses and costs to be 17 made directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the 18 assignment executed by Oslaida Cruz De Oses.1 Any payments made shall be
19 delivered to Law Offices of Lawrence D. Rohlfing, Inc., CPC. 20 This stipulation constitutes a compromise settlement of Oslaida Cruz De 21 Oses's request for EAJA attorney fees, and does not constitute an admission of 22 liability on the part of Defendant under the EAJA or otherwise. Payment of the 23 agreed amount shall constitute a complete release from, and bar to, any and all 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 ||claims that Oslaida Cruz De Oses and/or Marc Kalagian including Law Offices of 2 || Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney fees in 3 connection with this action. 4 This award is without prejudice to the rights of Marc Kalagian and/or the 5 || Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act 6 || attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of 8 || DATE: June 1, 2023 Respectfully submitted, 9 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 10 /s/ Ware. Katagyian BY: 1] Marc V. Kalagian Attorney for plaintiff 13 DATED: June 1, 2023 JASON M. FRIERSON 14 United States Attorney 15
Special Assistant United States Attorney 18 Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of 19 Social Security (Per e-mail authorization) 20 ORDER 21 Approved and so ordered: 22 DATE: 6-8-2023
UNITED STATES MAGISTRATE JUDGE 25 26
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 June 1, 2023, I served the foregoing document described as 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. Oslaida Cruz De Oses 2005 Cordova St. 13 Las Vegas, NV 89104 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___________ 22 23 24 25 26 FOR CASE NUMBER 2:22-CV-01201-VCF 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 June 1, 2023. 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 FH, SOCIAL SECURITY REPRESENTATION AGREEMENT vo 0 a □□□□ This agreement was made on July 20, 2021, by and between the Law Offices of Lawrence D. Rohlfing referred to as attorney and Ms. Oslaida Cruz De Oses, S.S.N. 6582, herein referred to as Claimant. 1. Claimant employs and appoints Law Offices of Lawrence D. Rohlfing to represent Claimant as Ms. Oslaida Cruz De Oses’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 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. 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. If 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 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 California 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 prior or referring attorneys or bar referral service. 11. The receipt from Claimant of _none __ is hereby acknowledged by attorney to be placed in trust and used for costs. Oslaida Cruz De Oses Law Offices of Lawrence D. Rohlfing Matthew F. Holmberg