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 Oscar Gonzalez de Llano 5 Special Assistant United States Attorney Office of the General Counsel 6 6401 Security Boulevard Baltimore, MD 21235 7 Telephone: (510) 970-4818 Email: [email protected] 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 ) Case No.: 2:24-cv-00006-AC 12 CYNTHIA KMAN, ) ) 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 COSTS PURSUANT TO 28 15 COMMISSIONER OF SOCIAL SECURITY, ) U.S.C. § 1920; [PROPOSED] ORDER ) 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 in the 21 amount $7,440.00 (SEVEN THOUSAND FOUR HUNDRED and FORTY dollars) under the 22 Equal Access to Justice Act (EAJA),

(d) and no costs under

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

; 2412(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

,

,

(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. Thus, if the Court approves the stipulated amount(s) and the claimant has no federal 7 debt, payment shall be delivered electronically or by mail to Olinsky Law Group. 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: November 7, 2024 /s/ Stuart Barasch * STUART BARASCH 18 Of Counsel, Olinsky Law Group (as authorized by email) 19 Attorney for Plaintiff 20 PHILLIP A. TALBERT 21 United States Attorney MATHEW W. PILE 22 Associate General Counsel 23 Social Security Administration Date: November 7, 2024 s/ Oscar Gonzalez de Llano 24 OSCAR GONZALEZ DE LLANO 25 Special Assistant United States Attorney Social Security Administration 26 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, IT IS ORDERED that fees in the amount $7,440.00 as 4 || authorized by

, and no costs, be awarded subject to the terms of the Stipulation. 5 6 ~ || DATED: November 8, 2024 Chttien— Clare ALLISON CLAIRE 8 UNITED STATES MAGISTRATE JUDGE 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

EAJA Stip.; No. 2:24-cv-00006-AC