Pinon v. Kijakazi, Acting Commissioner of SSA

Opinion

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 Leonard Stone Attorney at Law: 5791 Shook & Stone 710 South 4th Street Las Vegas, NV 89101 Tel.: (702) 385-2220 Fax: (702) 384-0394 E-mail: CBrown@shookandstone.com Attorneys for Plaintiff Ashley Renee Pinon ASHLEY RENEE PINON, ) Case No.: 3:22-cv-00139-CSD ) Plaintiff, ) STIPULATION AND ORDER FOR ) THE AWARD AND PAYMENT OF vs. ) ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE KILOLO KIJAKAZI, ) EQUAL ACCESS TO JUSTICE Acting Commissioner of Social ) ACT, 28 U.S.C. § 2412(d) AND Security, ) COSTS PURSUANT TO 28 U.S.C. § ) 1920 Defendant. ) ) 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 Ashley Renee Pinon be awarded attorney fees in the amount of FOUR THOUSAND EIGHT HUNDRED dollars ($4,800.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. 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. §§ 1920; 2412(d). After the Court issues an order for EAJA fees to Ashley Renee Pinon, the government will consider the matter of Ashley Renee Pinon'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 Ashley Renee Pinon, but if the Department of the Treasury determines that Ashley Renee Pinon 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 Ashley Renee Pinon.1 Any payments made shall be delivered to Law Offices of Lawrence D. Rohlfing, Inc., CPC.

This stipulation constitutes a compromise settlement of Ashley Renee Pinon'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, any and all claims that Ashley Renee Pinon and/or Marc Kalagian including Law Offices of 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 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 the EAJA. DATE: August 31, 2023 Respectfully submitted, LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC /S| WareV. Kalagian I BY: Marc V. Kalagian Attorney for plaintiff DATED: August 31, 2023 JASON M. FRIERSON United States Attorney |s| WUangaret 7. Branich- tbilla MARGARET I. BRANICK-ABILLA Special Assistant United States Attorney Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization) ORDER Approved and so ordered: DATED: September 6, 2023 CS THE HONORABLE CRAIG S HEN DENNEY UNITED STATES MAGISTRATE JUDGE