1 LYDIA CHAO, SBN 274910 BAY AREA LEGAL AID 2 1735 Telegraph Ave. 3 Oakland, CA 94612 [email protected] 4 Phone: (510) 250-5299 Facsimile: (510) 663-4740 5 Attorney for Plaintiff 6 UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA

8

9 LONNIE SOUKPHRACHANH, Case No. 3:20-cv-4547-MMC

10 Plaintiff, 11 STIPULATION AND PROPOSED v. ORDER APPROVING SETTLEMENT 12 OF ATTORNEY FEES PURSUANT TO KILOLO KIJAKAZI,1 THE EQUAL ACCESS TO JUSTICE 13 Acting Commissioner of Social Security, ACT,

(d) 14 Defendant. 15 16 17 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 18 counsel, subject to the approval of the Court, that Plaintiff will be awarded attorney fees in the 19 amount of $4,500 under the Equal Access to Justice Act (EAJA),

(d), and zero 20 dollars ($0.00) in costs under Taxation of Costs,

. This amount represents 21 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with 22 this civil action, in accordance with

(d), 1920. 23 After the Court issues an order for EAJA fees to Plaintiff, Defendant will consider any 24 assignment of EAJA fees to Plaintiff’s counsel, Bay Area Legal Aid. Pursuant to Astrue v. 25 Ratliff,

(2010), the ability to honor any such assignment will depend 26

27 1 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. 28 Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi should automatically be substituted for Andrew Saul as the defendant in this suit. 1 ||on whether the fees are subject to any offset allowed under the United States Department of the 2 || Treasury's Offset Program. After the order for EAJA fees is entered, Defendant will determine 3 whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 5 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees 6 ||to be made directly to Bay Area Legal Aid, Tax ID# 94-1631316, pursuant to the assignment 7 ||executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel, Bay Area 8 ||Legal Aid, 1735 Telegraph Ave., Oakland, CA 94612. 9 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 10 ||attorney fees and does not constitute an admission of liability on the part of Defendant under 11 |}EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 12 |}and all claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney fees 13 connection with this action. This award is without prejudice to the rights of Plaintiffs 14 |}counsel to seek Social Security Act attorney fees under

(b), subject to the 15 savings clause provisions of the EAJA, although Bay Area Legal Aid has waived their right to 16 |}claim any fees under

(b). 17 Respectfully Submitted, |! Dated: September 13, 2021 By: _/s/ Lydia Chao 19 Lydia Chao Attorney for Plaintiff 20 Dated: September 13, 2021 By: _/s/ Tina Naicker 21 Tina Naicker Assistant Regional Counsel *authorized by email on August 30, 2021 23 [PROPOSED] ORDER 25 PURSUANT TO THE STIPULATION, IT IS SO ORDERED. *6 Dated: September 13,2021 By: Hes Le aS LM. Ley 27 . Maxine M. Chesney 28

STIPULATION AND [PROPOSED] ORDER FOR EAJA FEES ("AQER NIQ) 2-90 _ arr AKAT NANO