1 | ANGELICA M. DIAS, SBN 305461 HOMELESS ACTION CENTER 2 |3126 Shattuck Avenue Berkeley, CA 94705 3 |Phone: (510) 540-0878 x 310 Fax: (510) 540-0403 4 | adias @homelessactioncenter.org ° | Attorney for Plaintiff 6 |SOCIAL SECURITY ADMINISTRATION TINA NAICKER 7 1160 Spear Street, Suite 800 San Francisco, CA 94105 8 |Phone: (415) 977-8975 Fax: (415) 744-0134 9 | tina.naicker@ ssa.gov 10 Attorney for Defendant 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 RMI 15 |RAHAMON WAKING SAVAGE, ) CIVIL NO.: 3:18-CV-07151-EDE ) 16 Plaintiff, ) STIPULATION TO PLAINTIFF’S ) AWARD OF ATTORNEY’S FEES 17 vs. AND COSTS AND PROPOSED ig ANDREW SAUL, ) ORDER Commissioner of Social Security, ) 19 ) Defendant. 20 )

22 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 23 counsel, subject to the approval of the Court, that Plaintiff’s counsel, as Plaintiffs assignee, be 24 |awarded attorney fees under the Equal Access to Justice Act (EAJA) in the amount of FIVE 25 |THOUSAND DOLLARS ($5,000.00). This amount represents compensation for all legal

STIPULATION AND ORDER RE EAJA FEES — 3:18-cv-07151-EDL

1 services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 2 accordance with

, 2412(d). 3 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 4 attorney fees, and does not constitute an admission of liability on the part of Defendant under 5 the EAJA. Payment of five thousand dollars ($5,000.00) in EAJA attorney fees shall constitute 6 a complete release from and bar to any and all claims Plaintiff may have relating to EAJA fees, 7 expenses, and/or costs in connection with this action. 8 After this Court issues an order for EAJA fees to Plaintiff, the Commissioner will 9 consider the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. The ability 10 to honor the assignment will depend on whether the fees are subject to any offset allowed 11 under the United States Department of the Treasury’s Offset Program and the Commissioner 12 will determine whether the fees are subject to an offset. See Astrue v. Ratliff,

, 13 598 (2010). Any payment shall be made payable to Plaintiff, but if the Department of the 14 Treasury determines that Plaintiff does not owe a Federal debt, then the Commissioner shall 15 cause the payment of fees and costs to be made directly to Plaintiff’s counsel pursuant to the 16 assignment executed by Savage (attached). 17 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social 18 Security Act attorney fees under

(b), subject to the savings clause provisions of 19 the EAJA. 20 Respectfully Submitted, 21 Dated: June 9, 2020 HOMELESS ACTION CENTER 22 By: /s/ Angelica M. Dias ANGELICA M. DIAS 23 Attorney for Plaintiff

24 By: /s/ Tina L. Naicker TINA L. NAICKER 25 Special Assistant United States Attorney [*As authorized by email on June 9, 2020] 1 ORDER

3 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act

Fees And Costs, IT IS ORDERED that Plaintiff shall be awarded attorney fees under the EAJA

5 in the amount of five thousand dollars ($5,000.00), as authorized by

, 2412(d), subject to the terms of the above-referenced Stipulation. 4 g |APPROVED AND SO ORDERED: 9 Hh] loo 10 DATED: _ 6/10/2020 E HONORABLE ROBERT M. ILLMAN 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25

STIPULATION AND ORDER RE EAJA FEES — 3:18-cv-07151-EDL