1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 FRESNO DIVISION 4

5 DOUGLAS RILEY, Case No. 1:20-cv-01283-GSA 6 Plaintiff, STIPULATION FOR THE AWARD 7 AND PAYMENT OF ATTORNEY 8 v. FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO 9 KILOLO KIJAKAZI, Acting JUSTICE ACT; ORDER 10 Commissioner of Social Security, 11 Defendant. 12 IT IS HEREBY STIPULATED by and between the parties through their 13 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 14 attorney fees and expenses in the amount of $5,200.00, under the Equal Access to 15 Justice Act (EAJA),

(d). This amount represents compensation for all 16 legal services rendered on behalf of Plaintiff by counsel in connection with this civil 17 action, in accordance with

(d). 18 After the Court issues an order for EAJA fees to Plaintiff, the government will 19 20 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 21 Astrue v. Ratliff,

,

,

(2010), the ability 22 to honor the assignment will depend on whether the fees are subject to any offset 23 allowed under the United States Department of the Treasury’s Offset Program. After 24 the order for EAJA fees is entered, the government will determine whether they are 25 subject to any offset. 26 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 27 determines that Plaintiff does not owe a federal debt, then the government shall cause 1 the assignment executed by Plaintiff. Any payments made shall be delivered to 2 Plaintiff’s counsel, Jonathan O. Peña. 3 This stipulation constitutes a compromise settlement of Plaintiff’s request for 4 EAJA attorney fees, and does not constitute an admission of liability on the part of 5 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 6 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 7 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 8 connection with this action. 9 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 10 to seek Social Security Act attorney fees under

(b), subject to the 11 savings clause provisions of the EAJA. 12 13 Respectfully submitted, 14

15 Dated: December 1, 2021 /s/ Jonathan O. Peña 16 J ONATHAN O. PEÑA Attorney for Plaintiff 17

18 Dated: December 1, 2021 PHILLIP A. TALBERT 19 Acting United States Attorney DEBORAH LEE STACHEL 20 Regional Chief Counsel, Region IX 21 Social Security Administration

22 By: Tina Naicker* 23 TINA NAICKER Special Assistant U.S. Attorney 24 Attorneys for Defendant 25 (*Permission to use electronic signature obtained via email on November 30, 2021) 26

27 1 ORDER

2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access 3 to Justice Act Fees and Expenses, IT IS ORDERED that fees and expenses in the 4 amount of $5,200.00 as authorized by

be awarded subject to the terms 5 6 of the Stipulation. 7

8 IT IS SO ORDERED. 9

10 Dated: December 1, 2021 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 11 12

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