1 Angelina Valle (100410) Attorney at Law 2 1671 The Alameda, Suite 311 San Jose, CA 95126 3 (408)881-0200 (408)881-0208 (fax) 4 [email protected] 5 Attorney for Plaintiff 6 7 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 __________________________________________ ) CIVIL No. 3:19-cv-05573-SK 12 FRANK ROSALES, ) ) 13 Plaintiff, ) STIPULATION AND ORDER ) APPROVING SETTLEMENT OF 14 vs. ) ATTORNEY FEES PURSUANT ) TO THE EQUAL ACCESS TO 15 ANDREW M. SAUL, COMMISSIONER ) JUSTICE ACT, 28 U.S.C. § OF SOCIAL SECURITY, ) 2412(d) 16 ) Defendant. ) 17 __________________________________________) 18 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 19 counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees in the amount of 20 SIX THOUSAND SIX HUNDRED DOLLARS ($6,600) under the Equal Access to Justice Act 21 (EAJA),

(d). This amount represents compensation for all legal services 22 rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 23

(d). 24 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 25 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 26 Ratliff,

(2010), the ability to honor the assignment will depend on whether the 27 fees are subject to any offset allowed under the United States Department of the Treasury’s 28 1 Offset Program. After the order for EAJA fees is entered, the government will determine whether 2 they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 4 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 5 be made directly to Plaintiff’s attorney Angeline Valle pursuant to the assignment executed by 6 Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 7 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 8 attorney fees and expenses, and does not constitute an admission of liability on the part of 9 Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a 10 complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel, 11 including Plaintiff’s counsel’s firm, may have relating to EAJA attorney fees and expenses in 12 connection with this action. 13 This award is without prejudice to the rights of Plaintiff’s counsel and/or Plaintiff’s 14 counsel’s firm to seek Social Security Act attorney fees under

(b), subject to the 15 savings clause provisions of the EAJA. 16 / / / 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 1 || Date: March 22, 2021 Respectfully submitted, 2 /s Angelina Valle 3 Angelina Valle Attorney at Law 4 1671 The Alameda, Suite 311 San Jose, CA 95126 5 (408) 881-0200 [email protected] 6 Attorney for Plaintiff 7 PAUL ANTHONY MARTIN Acting United States Attorney 8 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 9 Social Security Administration 10 || Date: March 24, 2021 /s/ Marla Kendall Letellier Marla Kendall Letellier 11 Office of the Regional Chief Counsel, Region IX 12 Social Security Administration 160 Spear Street, Suite 800 13 San Francisco, CA 94105 (415) 415-977-8928 14 Attorneys for Defendant 15 (as authorized by email dated March 23, 2021) 16 ORDER 17 || PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded 18 || attorney fees in the amount of SIX THOUSAND SIX HUNDRED DOLLARS ($6,600) as 19 || authorized by

(d), subject to the terms of the above-referenced Stipulation. 20 |! The parties are admonished that they are required to email proposed orders in Microsoft Word format with all motions or stipulations requesting Court action to [email protected]. 22 || Dated: March 26, 2021 Apthas kaw ONORABLE SALLIE KIM 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 No, 3:19-cv-05573-SK -3-