1 ANNE M. SU, SBN 297985 HOMELESS ACTION CENTER 2 2601 San Pablo Avenue Oakland, CA 94612 3 Phone: (510) 695-2260 x. 304 4 Fax: (510) 858-7867 [email protected] 5 Attorney for Plaintiff 6

7 STEPHANIE HINDS Acting United States Attorney 8 DEBORAH LEE STACHEL Regional Chief Counsel 9 MARLA K. LETELLIER, CSBN 234969 Special Assistant United States Attorney 10 160 Spear Street, Suite 800 San Francisco, California 94105 11 Tel: (510) 970-4830 Fax: (415) 744-0134 12 E-mail: [email protected]

13 Attorneys for Defendant 14

15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 SAN FRANCISCO DIVISION 18 MICHAEL KEAN, ) 19 Plaintiff, ) ) C IVIL NO. 5:20-cv-03236-SVK ) 20 v. ) STIPULATION TO PLAINTIFF’S AWARD ) OF ATTORNEY’S FEES AND COSTS AND 21 KILOLO KIJAKAZI, ) PROPOSED ORDER 22 Acting Commissioner of Social Security, ) ) 23 Defendant. ) ) ) 24 25 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 26 counsel, subject to the approval of the Court, that Plaintiff’s counsel, as Plaintiff’s assignee, be 27 awarded attorney fees under the Equal Access to Justice Act (EAJA) in the amount of ONE 28 THOUSAND NINE HUNDRED AND FORTY DOLLARS AND NINETEEN CENTS 1 ($1,940.19). This amount represents compensation for all legal services rendered on behalf of 2 Plaintiff by counsel in connection with this civil action, in accordance with

, 3 2412(d). 4 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 5 attorney fees, and does not constitute an admission of liability on the part of Defendant under 6 the EAJA. Payment of one thousand nine hundred and forty dollars and nineteen cents 7 ($1,940.19) in EAJA attorney fees shall constitute a complete release from and bar to any and 8 all claims Plaintiff may have relating to EAJA fees, expenses, and/or costs in connection with 9 this action. 10 After this Court issues an order for EAJA fees to Plaintiff, the Commissioner will 11 consider the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. The ability 12 to honor the assignment will depend on whether the fees are subject to any offset allowed 13 under the United States Department of the Treasury’s Offset Program and the government will 14 determine whether the fees are subject to an offset. See Astrue v. Ratliff,

, 598 15 (2010). Any payment shall be made payable to Plaintiff, but if the Department of the Treasury 16 determines that Plaintiff does not owe a Federal debt, then the government shall cause the 17 payment of fees and costs to be made directly to Plaintiff’s counsel, Anne Su, pursuant to the 18 assignment executed by Mr. Kean (attached). 19 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social 20 Security Act attorney fees under

(b), subject to the savings clause provisions of 21 the EAJA. 22 23 Dated: July 13, 2021 24 /s/ Anne Marie Su ANNE MARIE SU 25 Attorney for Plaintiff Michael Kean 26 27 28 1 2 * July 13, 2021 4 STEPHANIE HINDS Acting United States Attorney 5 By: = /s/ Marla Kendall Letellier MARLA KENDALL LETELLIER 7 Special Assistant United States Attorney * by email authorization 07/13/2021 8 9 Attorneys for Defendant ORDER 10 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 11 Fees And Costs, IT IS ORDERED that Plaintiff shall be awarded attorney fees under the EAJA 12 in the amount of ONE THOUSAND NINE HUNDRED AND FORTY DOLLARS AND 13 NINETEEN CENTS ($1,940.19) as authorized by

, 2412(d), subject to the 14 terms of the above-referenced Stipulation. 15 16 17 18 Dated: July 15, 2021 19 20 THE HONORABLE SUSAN VAN KEULEN 1 United States Magistrate Judge 22 23 24 25 26 27 28

Dred avr vn DATA £Lannw axr NWIIIL CVV 7