PHILLIP A. TALBERT 1 United States Attorney 2 MATHEW W. PILE, WSBN 32245 Associate General Counsel 3 Office of Program Litigation, Office 7 Social Security Administration 4 ERIN A. JURRENS, MO 61402 5 Special Assistant United States Attorney Office of the General Counsel 6 Social Security Administration 6401 Security Boulevard 7 Baltimore, MD 21235 8 Telephone: (877) 833-2445 E-Mail: [email protected] 9 Attorneys for Defendant 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 ) Case No.: 1:22-cv-01270-BAM 13 ALISA VILLEGAS, ) ) STIPULATION FOR THE AWARD AND 14 Plaintiff, ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE EQUAL 15 vs. ) ACCESS TO JUSTICE ACT, 28 U.S.C. KILOLO KIJAKAZI, ) § 2412(d), AND COSTS PURSUANT TO 28 16 Acting Commissioner of Social Security, ) U.S.C. § 1920; [PROPOSED] ORDER ) 17 ) Defendant. ) 18 ) 19 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and 22 expenses in the amount $8,500 (EIGHT THOUSAND FIVE HUNDRED dollars) under the 23 Equal Access to Justice Act (EAJA),

(d). This amount represents compensation 24 for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil 25 action, in accordance with

; 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 27 the matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant to Astrue v. Ratliff, 28

,

,

(2010), the ability to honor any assignment 1 will depend on whether the fees are subject to any offset allowed under the United States 2 Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 3 government will determine 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 expenses and costs to be made directly to counsel, pursuant to the assignment executed by 7 Plaintiff. Any payments made shall be delivered to counsel. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 9 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 10 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 11 bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating 12 to EAJA attorney fees or costs in connection with this action. 13 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 14 Social Security Act attorney fees under

(b), subject to the savings clause 15 provisions of the EAJA. Respectfully submitted, 16 17 Date: August 4, 2023 /s/ Meghan O. Lambert* MEGHAN O. LAMBERT 18 (as authorized by email on August 4, 2023) Attorney for Plaintiff 19

20 Date: August 4, 2023 PHILLIP A. TALBERT 21 United States Attorney MATHEW W. PILE 22 Associate General Counsel 23 Social Security Administration

24 /s/ Erin A. Jurrens 25 ERIN A. JURRENS Special Assistant United States Attorney 26 Social Security Administration Attorney for Defendant 27

28 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 3 Justice Act Fees, Costs, and Expenses (the “Stipulation”), IT IS ORDERED that attorney’s fees 4 and expenses in the amount of Eight Thousand Five Hundred Dollars ($8,500.00) as authorized 5 by the Equal Access to Justice Act (EAJA),

, be awarded to Plaintiff subject to 6 the terms of the Stipulation. 7 IT IS SO ORDERED. 8

9 Dated: August 4, 2023 /s/ Barbara A. McAuliffe _ 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28