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2 3 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 4 FRESNO DIVISION 5 Ilene DuVall, Case No. 1:21-cv-00314-AWI-GSA 6

7 Plaintiff, AMENDED STIPULATION FOR THE AWARD AND PAYMENT OF 8 v. ATTORNEY FEES AND EXPENSES 9 PURSUANT TO THE EQUAL ACCESS 10 Kilolo Kijakazi, Acting TO JUSTICE ACT; ORDER Commissioner of Social Security, 11 12 Defendant. 13 IT IS HEREBY STIPULATED by and between the parties through their 14 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 15 attorney fees and expenses in the amount of EIGHT HUNDRED THIRTY-EIGHT 16 DOLLARS and 77/100 ($838.77) under the Equal Access to Justice Act (EAJA), 28

(d), and cost in the amount of zero dollars ($0.00) under

. 18 This amount represents compensation for all legal services rendered on behalf of 19 Plaintiff by counsel in connection with this civil action, in accordance with

2412(d). 21 After the Court issues an order for EAJA fees to Plaintiff, the government will 22 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 23 Astrue v. Ratliff,

,

,

(2010), the ability 24 to honor the assignment will depend on whether the fees are subject to any offset 25 allowed under the United States Department of the Treasury’s Offset Program. After 26 the order for EAJA fees is entered, the government will determine whether they are 27 subject to any offset. 1 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 2 determines that Plaintiff does not owe a federal debt, then the government shall cause 3 the payment of fees, expenses and costs to be made directly to Counsel, pursuant to 4 the assignment executed by Plaintiff. Any payments made shall be delivered to 5 Plaintiff’s counsel, Jonathan O. Peña. 6 This stipulation constitutes a compromise settlement of Plaintiff’s request for 7 EAJA attorney fees, and does not constitute an admission of liability on the part of 8 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 9 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 10 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 11 connection with this action. 12 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 13 to seek Social Security Act attorney fees under

(b), subject to the 14 savings clause provisions of the EAJA. 15 Respectfully submitted, 16

17 Dated: March 15, 2022 /s/ Jonathan O. Peña 18 J ONATHAN O. PEÑA Attorney for Plaintiff 19

20 Dated: March 15, 2022 PHILLIP A. TALBERT 21 United States Attorney LISA A. THOMAS 22 Regional Chief Counsel, Region VII 23 Social Security Administration

24 By: _*_Sarah E. Preston 25 Sarah E. Preston Special Assistant U.S. Attorney 26 Attorneys for Defendant 27 (*Permission to use electronic signature obtained via email on March 14, 2022). 1 IT IS SO ORDERED. 2

3 Dated: March 15, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 4

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6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access 3 4 to Justice Act Fees and Expenses (the “Stipulation”), 5 IT IS ORDERED that fees and expenses in the amount of EIGHT HUNDRED 6 THIRTY-EIGHT DOLLARS and 77/100 ($838.77) as authorized by the Equal Access 7 8 to Justice Act (EAJA),

(d), be awarded subject to the terms of the 9 Stipulation. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27