1 Melissa Newel (CA SB#148563) NEWEL LAW 2 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94705 3 (510) 316-3827 4 [email protected] Attorney for Plaintiff 5 DEROME SCOGGINS

6 PHILLIP A. TALBERT 7 United States Attorney MATHEW W. PILE 8 Associate General Counsel Office of Program Litigation, Office 7 9 Social Security Administration MARY TSAI (CA SB#216963) 10 Special Assistant United States Attorney 11 6401 Security Boulevard Baltimore, Maryland 21235 12 (510) 970-4810 [email protected] 13 Attorneys for Defendant 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 DEROME SCOGGINS, No. 2:24-CV-00974 (CKD) 18 Plaintiff,

19 v. STIPULATION AND ORDER FOR AWARD AND PAYMENT OF 20 COMMISSIONER OF ATTORNEYS FEES PURSUANT TO THE SOCIAL SECURITY, EQUAL ACCESS TO JUSTICE ACT 21 Defendant. 22

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26 27 28 1 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 2 attorneys, subject to the approval of the Court, that Derome Scoggins (Plaintiff) be awarded 3 attorney fees under the Equal Access to Justice Act (EAJA),

(d), in the amount 4 of seven thousand nine hundred and eighty-six dollars and eighty-four cents ($7,986.84). This 5 represents compensation for legal services rendered on behalf of Plaintiff by counsel in 6 connection with this civil action, in accordance with

(d). 7 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 8 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 9 Ratliff,

(2010), the ability to honor the assignment will depend on whether the 10 attorney fees are subject to any offset allowed under the United States Department of the 11 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 12 determine whether they are subject to any offset. 13 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 14 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees 15 approved to be made payable to Melissa Newel or Newel Law (collectively “Plaintiff’s counsel”), 16 pursuant to the assignment executed by Plaintiff. Any and all payments made shall be delivered to 17 Plaintiff’s counsel via electronic transfer or check. 18 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 19 attorney fees and costs and does not constitute an admission of liability on the part of Defendant 20 under EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, 21 and bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA 22 attorney fees and expenses in connection with this action. 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// ] This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 2 | Act attorney fees under

(b), subject to the provisions of the EAJA. 3 4 Respectfully submitted, 5 Dated: October 24, 2024 NEWEL LAW

6 By: Melissa Newel 7 Melissa Newel Attorney for Plaintiff 8 DEROME SCOGGINS ? | Dated: October 24, 2024 PHILLIP A. TALBERT 10 United States Attorney MATHEW W. PILE 11 Associate General Counsel Office of Program Litigation, Office 7 12 Social Security Administration 13 ok By: Mary Tsai 14 MARY TSAI (*Authorized by email dated 10/23/2024 15 Special Assistant U.S. Attorney 16 Attorneys for Defendant

17 18 ORDER 19 The parties’ stipulation (ECF No. 18) is GRANTED. IT IS HEREBY ORDERED that, 20 pursuant to

, attorney fees in the amount of seven thousand nine hundred and 21 eighty-six dollars and eighty-four cents ($7,986.84) be awarded subject to the terms of the 22 Stipulation. 23 — . f) oP if 4 Dated: October 29, 2024 Card At ia oh — 25 CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 26 27 28