1 JOSEPHINE MARY GERRARD 2 Gerrard Law Offices 1791 Solano Avenue Suite F01 3 Berkeley, CA 94707 4 510-838-0529 Fax: 510-280-1635 5 Email: [email protected] 6 Attorneys for Plaintiff 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 EASTERN DIVISION 10 KIMBERLY ANN CARR, No. 5:22-cv-01309-KK 11 Plaintiff, 12 [PROPOSED] v. 13 ORDER ON FEES KILOLO KIJAKAZI, 14 NOTE CHANGES BY COURT Acting Commissioner of Social 15 Security, 16 Defendant. 17

18 19 20 21 22 23 24 25 26 27 28 1 | For the reasons set forth in the parties’ stipulated motion for attorney fees under the Equal Access to Justice Act (EAJA),

, et seqg., and good cause

4 | shown, IT IS HEREBY ORDERED AS FOLLOWS: 5 Plaintiff is here by awarded $8,000 in fees and expenses under the EAJA. Under Astrue v. Ratliff,

(2010), EAJA fees awarded by this

g | Court belong to the Plaintiff and are subject to offset under the Treasury Offset 9 Program (

(c)(3)(B) (2006)). Any EAJA fees should therefore be awarded to Plaintiff and not to Plaintiff s attorney. If, after receiving the Court’ s

12 | EAJA fee order, the Commissioner (1) determines that Plaintiff has assigned her right 13 | to EAJA fees to her attorney; (2) determines that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, and (3) agrees to waive the

16 || requirements of the Anti-Assignment Act, then the EAJA fees will be made payable | to Plaintiff s attorney. However, if there is a debt owed under the Treasury Offset Program, the Commissioner cannot agree to waive the requirements of the Anti-

20 | Assignment Act, and the remaining EAJA fees after offset will be paid by a check 71 made out to Plaintiff but delivered to Plaintiff s attorney. 22 23 | DATED: July 26, 2023 Len XK W 24 HON. LY KIYA KATO 35 UNITED STATES MAGISTRATE JUDGE

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