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 KRYSTLE S. MCMULLAN, DC Bar 242319 5 Special Assistant United States Attorney 6401 Security Boulevard 6 Baltimore, Maryland 21235 Telephone: (510) 970-4839 7 E-Mail: [email protected] 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 ) No. 2:22-cv-1922 DB 12 ALEXANDRA LOYOLA, ) ) STIPULATION FOR THE AWARD AND 13 Plaintiff, ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE EQUAL 14 vs. ) ACCESS TO JUSTICE ACT, 28 U.S.C. ) § 2412(d); AND ORDER 15 COMMISSIONER OF SOCIAL SECURITY, ) ) 16 ) Defendant. ) 17 ) 18 19 IT IS HEREBY STIPULATED by and between the parties through their undersigned 20 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and 21 expenses in the amount $7,200.00 (seven thousand, two hundred dollars and 00/100 cents) under 22 the Equal Access to Justice Act (EAJA),

(d). This amount represents 23 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with 24 this civil action, in accordance with

(d). 25 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 26 the matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant to Astrue v. Ratliff, 27

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(2010), the ability to honor any assignment 28 will depend on whether the fees are subject to any offset allowed under the United States 1 Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 2 government will determine whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 4 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 5 expenses and costs to be made directly to counsel, pursuant to the assignment executed by 6 Plaintiff. Any payments made shall be delivered to counsel. 7 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 8 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 9 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 10 bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating 11 to EAJA attorney fees or costs in connection with this action. 12 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 13 Social Security Act attorney fees under

(b), subject to the savings clause 14 provisions of the EAJA. Respectfully submitted, 15 16 Date: June 24, 2024 /s/ Jesse S. Kaplan JESSE S. KAPLAN 17 (as authorized by email on June 24, 2024) Attorney for Plaintiff 18

19 Date: June 24, 2024 PHILLIP A. TALBERT 20 United States Attorney MATHEW W. PILE 21 Associate General Counsel 22 Social Security Administration

23 /s/ Krystle S. McMullan 24 KRYSTLE S. MCMULLAN Special Assistant United States Attorney 25 Social Security Administration Attorney for Defendant 26

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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, IT IS ORDERED that fees and expenses in the amount 4 of $7,200 as authorized by

, be awarded subject to the terms of the Stipulation. 5 Accordingly, the motion for attorney fees (ECF No. 26) is dismissed as moot. 6 DATED: June 25, 2024 /s/ DEBORAH BARNES 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28