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7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 LEAH NICOLE HUNTER, ) Case No.: 1:23-cv-00721-EPG (SS) ) 11 Plaintiff, ) STIPULATION FOR THE AWARD AND ) PAYMENT OF ATTORNEY FEES AND 12 vs. ) EXPENSES PURSUANT TO THE EQUAL ) ACCESS TO JUSTICE ACT AND COSTS 13 KILOLO KIJAKAZI, ) PURSUANT TO

Acting Commissioner of Social Security, ) 14 ) (ECF No. 16) Defendant. ) 15 ) ) 16 17 TO THE HONORABLE ERICA P. GROSJEAN, MAGISTRATE JUDGE OF THE 18 DISTRICT COURT: 19 IT IS HEREBY STIPULATED, by and between the parties through their undersigned 20 counsel, subject to the approval of the Court, that Leah Nicole Hunter (“Hunter”) be awarded 21 attorney fees and expenses in the amount of one thousand two hundred seventy dollars 22 ($1,270.00) under the Equal Access to Justice Act (EAJA),

(d), and no costs 23 under

. This amount represents compensation for all legal services rendered on 24 behalf of Hunter by counsel in connection with this civil action, in accordance with

1920; 2412(d). 26 1 After the Court issues an order for EAJA fees to Hunter, the government will consider 2 the matter of Leah Nicole Hunter's assignment of EAJA fees to Lawrence D. Rohlfing. The 3 retainer agreement containing the assignment is attached as exhibit 1. Pursuant to Astrue v. 4 Ratliff,

(2010), the ability to honor the assignment will depend on whether 5 the fees are subject to any offset allowed under the United States Department of the Treasury's 6 Offset Program. After the order for EAJA fees is entered, the government will determine 7 whether they are subject to any offset. 8 Fees shall be made payable to Hunter, but if the Department of the Treasury determines 9 that Hunter does not owe a federal debt, then the government shall cause the payment of fees, 10 expenses and costs to be made directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, 11 pursuant to the assignment executed by Hunter.1 Any payments made shall be delivered to 12 Lawrence D. Rohlfing. 13 This stipulation constitutes a compromise settlement of Hunter's request for EAJA 14 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 15 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 16 bar to, any and all claims that Hunter and/or Lawrence D. Rohlfing including Law Offices of 17 Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney fees in connection with 18 this action.

19 This award is without prejudice to the rights of Lawrence D. Rohlfing and/or the Law 20 Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act attorney fees under 42

(b), subject to the savings clause provisions of the EAJA. 22 23 24 25

26 1 The parties do not stipulate whether counsel for the plaintiff has a cognizable lien under federal law 1 DATE: July 27, 2023 Respectfully submitted, 2 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC

3 /s/ Lawrence D. Rohlfing BY: _________________________ 4 Lawrence D. Rohlfing Attorney for plaintiff [SS Claimant-Whole Name] 5

6 DATED: July 27, 2023 PHILLIP A. TALBERT 7 United States Attorney MATHEW W. PILE 8 Associate General Counsel Social Security Administration 9

10 /s/ Edmund Jack Darcher 11 EDMUND JACK DARCHER 12 Special Assistant United States Attorney Attorneys for Defendant 13 KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization) 14

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17 18 19 20 21 22 23 24 25 26 1 ORDER 2 Based on the parties’ stipulation (ECF No. 16), IT IS ORDERED that Plaintiff be 3 awarded attorney fees and expenses in the amount of one thousand two hundred seventy dollars

4 ($1,270.00) under the Equal Access to Justice Act (EAJA),

(d), and no costs

; under

according to the terms of the stipulation.

© ll rr Is SO ORDERED. Dated: _ August 1, 2023 [sf ey 8 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26