1 Melissa Newel (#148563) NEWEL LAW 2 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94705 3 (510) 316-3827 4 [email protected]

5 Attorney for Plaintiff SARAH AMY FARAH KEHLER 6

7 MCGREGOR W. SCOTT United States Attorney 8 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 9 PATRICK SNYDER Social Security Administration 10 160 Spear Street, Suite 800 11 San Francisco, CA 94105 (415) 977-8927 12 [email protected]

13 Attorneys for Defendant

14

15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 SARAH AMY FARAH KEHLER, No. 1:19-CV-00228-GSA 19 Plaintiff, 20 v. STIPULATION AND ORDER FOR 21 AWARD AND PAYMENT OF ANDREW SAUL, ATTORNEYS’ FEES PURSUANT TO THE 22 COMMISSIONER OF EQUAL ACCESS TO JUSTICE ACT SOCIAL SECURITY, (

(d)) 23 Defendant. 24

25 26 27

28 1 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 2 attorneys, subject to the approval of the Court, that Sarah Amy Farah Kehler (Plaintiff) be 3 awarded attorney fees under the Equal Access to Justice Act (EAJA),

(d), in the 4 amount of three thousand seven hundred and seventeen dollars and thirty-five cents ($3,717.35). 5 This represents compensation for legal services rendered on behalf of Plaintiff by counsel in 6 connection with this civil action, in accordance with

(d). 7 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 8 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 9 Ratliff,

(2010), the ability to honor the assignment will depend on whether the 10 attorney fees are subject to any offset allowed under the United States Department of the 11 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 12 determine whether they are subject to any offset. 13 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 14 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 15 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 16 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 17 made shall be delivered to Plaintiff’s counsel. 18 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 19 attorney fees and does not constitute an admission of liability on the part of Defendant under 20 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 21 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 22 and costs in connection with this action. 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 2 Act attorney fees under

(b), subject to the provisions of the EAJA.

3 Respectfully submitted, 4 Dated: November 20, 2019 NEWEL LAW 5

6 By: /s/ Melissa Newel 7 Melissa Newel Attorney for Plaintiff 8 SARAH AMY FARAH KEHLER

9

10 Dated: November 20, 2019 MCGREGOR W. SCOTT 11 United States Attorney DEBORAH LEE STACHEL 12 Regional Chief Counsel, Region IX Social Security Administration 13

14 By: Patrick Snyder* PATRICK SNYDER 15 (Authorized by email dated 11/20/2019) Special Assistant U.S. Attorney 16 Attorneys for Defendant 17

18 IT IS SO ORDERED. 19 Dated: November 22, 2019 /s/ Gary S. Austin 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28