1 || HARVEY P. SACKETT (72488) 2 □□□ □□□ T AND ASSOCIATES 3 A PROFESSIONAL LAW CORP. 548 Market Street, Suite 38822 4 ||San Francisco, California 94104-5401 Telephone: (408) 295-7755 5 ||Facsimile: (408) 295-7444 6 Email: [email protected] 7 || Attorney for Plaintiff g || /as 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 ||KASSIE E. BENSON, ) Case No.: 4:19-cv-03447-JSW ) 12 ) Plaintiff, ) No. 20-17010 13 V. STIPULATION AND [PROPOSED] 14 ) ORDER FOR THE AWARD AND 15 KILOLO KIJAKAZI,' ) PAYMENT OF ATTORNEY FEES Acting Commissioner of Social Security, ) PURSUANT TO THE EQUAL 16 ACCESS TO JUSTICE ACT, 28 Defendant. ) U.S.C. § 2412(d) 17 ) 18 $Y 19 On March 2, 2022, the United States Court of Appeals for the Ninth Circuit issued an 20 || order reversing the final decision of the Defendant, Kilolo Kijakazi, the Acting Commissioner 21 || of Social Security (Commissioner), with a remand for a rehearing,

(g) 22 (sentence four); judgment was entered. || 24 ||! Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to 25 Rule 25(d)(1) of the Federal Rules of Civil Procedure Kilolo Kijakazi should be substituted, therefore, for Commissioner Andrew Saul as Defendant in this suit. No further action need be taken to continue 26 this suit by reason of the last sentence of section 205(g) of the Social Security Act,

(g). 27 28

STIPULATION AND [PROPOSED] ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 |! FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT,

(a)

1 In the interest of administrative and judicial economy, the parties have agreed to 2 stipulate that an award of TWELVE THOUSAND TWO HUNDRED FIFTY DOLLARS 3 || AND ZERO CENTS ($12,250.00) in attorney fees under the Equal Access to Justice Act 4 (EAJA),

(d), is reasonable. Defendant shall also reimburse Plaintiff $182.00 5 |! for copying costs pursuant to 28 U.S.C. 1920. This award is without prejudice to Plaintiff's 6 right to seek attorney’s fees under section 206(b) of the Social Security Act, 42 U.S.C. 7 § 406(b), subject to the offset provisions of the EAJA. However, this award shall constitute a 8 complete release from and bar to any claims Plaintiff may have relating to EAJA fees and 9 || costs. Further, such award shall not be used as precedent in any future cases, nor be construed 10 || as a concession by the Commissioner that the original administrative decision denying benefits 11 || to Plaintiff was not substantially justified. 12 After the Court issues an order for EAJA fees to Plaintiff, the Government will 13 || consider the matter of Plaintiff's assignment of EAJA fees to Harvey P. Sackett (“Counsel”). 14 || Pursuant to Astrue v. Ratliff,

(2010), the ability to honor an assignment will 15 depend on whether the fees are subject to any offset allowed under the United States 16 Department of the Treasury’s Offset Program. After the order for EAJA is entered, the 17 |) Government will determine whether they are subject to offset. Fees shall be made payable to 18 |! Plaintiff, but if the Department of Treasury determines Plaintiff does not owe a federal debt, 19 || then the Government shall cause the payment of fees, expenses, and costs to be made payable 20 directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments made 21 || shall be delivered and made payable to Counsel. 22 Accordingly, Defendant agrees to pay Plaintiff $12,250.00 in attorney’s fees and 23 || reimburse Plaintiff for $182.00 in costs. 24 All parties whose signature lines appear in this document have consented to its filing. 25 || This award is without prejudice to the rights of Sackett and Associates and/or Harvey P. 26 27 28 ° LAW STIPULATION AND [PROPOSED] ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 |! PRES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT,

(d)

1 |! Sackett to seek Social Security Act attorney fees under

(b), subject to the 2 savings clause provisions of the EAJA. 3 4 |) Dated: April 11, 2022 SACKETT AND ASSOCIATES 5 By: /s/ HARVEY P. SACKETT 6 HARVEY P. SACKETT Attorney for Plaintiff 7 KASSIE E. BENSON 8 9 Dated: April 11, 2022 STEPHANIE HINDS United States Attorney 10 i By: /s/DANIEL PAUL TALBERT DANIEL PAUL TALBERT 12 Special Assistant United States Attorney Attorneys for Defendant 13 [*As authorized by email on 4/11/22] 14 15 ORDER 16 17 |) Pursuant to the stipulation, IT IS SO ORDERED. 18 19 20 || Dated: April 11, 2022 1 HGR. S. WHITE United States Senior District Judge 22 23 24 25 26 27 28 ° LAW STIPULATION AND [PROPOSED] ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 |! PRES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT,

(d)