1 John Metsker, Esq. SBN 268977 2 THE METSKER LAW FIRM 3 P.O. Box 590881 San Francisco, CA 94159 4 Phone: 866-342-6180 5 Fax: 415-500-4081 [email protected] 6 Attorney for Plaintiff 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 REBEKAH MILLS, No. 4:20-cv-02333-HSG 12 Plaintiff, 13 STIPULATION AND ORDER FOR v. THE AWARD OF ATTORNEY FEES 14 PURSUANT TO THE EQUAL ANDREW SAUL, 15 Commissioner of Social Security, ACCESS TO JUSTICE ACT,

(d) AND COSTS 16 Defendant. PURSUANT TO

17 18 IT IS HEREBY STIPULATED by and between the parties through their 19 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 20 attorney fees under the Equal Access to Justice Act (EAJA) in the amount of ONE 21 22 THOUSAND SEVEN HUNDRED EIGHTY SIX DOLLARS AND NINETY ONE 23 CENTS ($1,786.91) and costs under

in the amount of FOUR 24 HUNDRED DOLLARS ($400.00). These amounts represent compensation for all 25 26 legal services rendered and costs incurred on behalf of Plaintiff, to date, by counsel 27 in connection with this civil action, in accordance with

(d) and 28 1 1920. 2 After the Court issues an order for EAJA fees and expenses to Plaintiff, the 3 government will consider the matter of Plaintiff’s assignment of EAJA fees and 4 5 expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff,

(2010), 6 the ability to honor the assignment will depend on whether the fees, expenses are 7 subject to any offset allowed under the United States Department of the Treasury’s 8 9 Offset Program. After the order for EAJA fees and expenses is entered, the 10 government will determine whether they are subject to any offset. 11 12 Fees and expenses shall be made payable to Plaintiff, but if the Department 13 of the Treasury determines that Plaintiff does not owe a federal debt, then the 14 government shall cause the payment of fees to be made directly to the Metsker Law 15 16 Firm, pursuant to the assignment executed by Plaintiff. Any payments made shall 17 be delivered to Plaintiff’s counsel. 18 This stipulation constitutes a compromise settlement of Plaintiff's request for 19 20 EAJA attorney fees and expenses, and does not constitute an admission of liability 21 on the part of Defendant under the EAJA. Payment of the agreed amount shall 22 constitute a complete release from, and bar to, any and all claims that Plaintiff 23 24 and/or Plaintiff's counsel may have relating to EAJA attorney fees and expenses in 25 connection with this action. 26 ///// 27 28 ///// | This award is without prejudice to the rights of Plaintiff's counsel to seek 2 Social Security Act attorney fees under

, subject to the offset 3 4 | provisions of the EAJA. 5 6 . Respectfully submitted, 7 8 | Dated: March 3, 2021 /s/ John David Metsker 9 John David Metsker Attorney for Plaintiff 10 11 Dated: March 3, 2021 /s/_ Patrick W. Snyder* PATRICK W. SNYDER 13 *As authorized via email on March 3, 2021 14 Special Assistant United States Attorney 15 Attorney for Defendant 16 17 ORDER 18 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 19 20 | DATE: 3/4/2021 /Morpurred 3 . Judy □□□ 21 HONORABLE HAYWOOD S. GILEIAM, JR. UNITED STATES DISTRICT JUDGE

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