1 MARGARET LEHRKIND SBCA # 314717 2 Lehrkind Law Office, P.C. 3 2625 Alcatraz Ave, # 208 Berkeley, CA 94705 4 Tel: 510-590-1907 [email protected] 5

6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 KANDIS SHUNTAE BALLARD, CASE NO.: 2:24-cv-01973-CSK 10 Plaintiff, AMENDED STIPULATION FOR THE 11 AWARD AND PAYMENT OF ATTORNEY vs. FEES AND EXPENSES PURUSANT TO 12 THE EQUAL ACCESS TO JUSTICE ACT; 13 COMMISSIONER OF SOCIAL SECURITY, ORDER 14 Defendant

15 The parties, through their respective counsel, hereby agree that attorney fees in the 16 17 amount of $8,000 shall be awarded to Plaintiff pursuant to the Equal Access to Justice Act, 28

and costs of $0, pursuant to

. This amount represents 19 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with 20 this civil action, in accordance with

; 2412(d). Such attorney fees shall be 21 subject to verification that Plaintiff has no debt which qualifies for offset, pursuant to the 22 23 Treasury Offset Program as discussed in Astrue v. Ratliff,

(2010). 24 If the U.S. Department of the Treasury determines that Plaintiff’s EAJA fees are not 25 subject to any offset allowed under the Department of the Treasury’s Offset Program, then the 26 27 AMENDED STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURUSANT TO THE EQUAL ACCESS TO JUSTICE ACT; ORDER - 1 28 1 check or electronic funds transfer for EAJA fees shall be made payable to Plaintiff’s attorney, 2 Margaret Lehrkind, based upon Plaintiff’s assignment of these amounts to her. See Exhibit – 3 Retainer Agreement. If Plaintiff has a debt, then any remaining funds after offset shall be made 4 payable to Plaintiff and mailed to counsel’s address. 5 6 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 7 attorney fees and expenses and does not constitute an admission of liability on the part of 8 Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a 9 complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel, 10 including Lehrkind Law Office, P.C., may have relating to EAJA attorney fees and expenses in 11 12 connection with this action. 13 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 14 Act attorney fees under

, subject to the offset provisions of the EAJA. 15

16 DATE: December 6, 2024 Respectfully submitted, 17 18 Lehrkind Law Office, P.C. 19 20 By: /s/ Margaret Lehrkind Margaret Lehrkind 21 Attorney for Plaintiff

22 DATE: December 6, 2024 By: /s/ Mary Tsai * 23 MARY TSAI *As authorized via email on 12/6/24 24 Special Assistant United States Attorney Attorney for Defendant 25

26

27 AMENDED STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURUSANT TO THE EQUAL ACCESS TO JUSTICE ACT; ORDER - 2 28 1 [PROPOSED] ORDER Based upon the parties’ Amended Stipulation for the Award and Payment of Equal

5 Access to Justice Act Fees and Expenses (the “Stipulation”), 6 IT IS ORDERED that fees and expenses in the amount of EIGHT THOUSAND 7 DOLLARS and 00/100 ($8,000) as authorized by the Equal Access to Justice Act (EAJA),

(d), be awarded subject to the terms of the Stipulation. In light of this Amended Stipulation, the first Stipulation filed for EAJA fees will be denied as moot. (ECF No. 16.) 12 Chm Spo | 4 DATE: December 23, 2024 HONORABLE CHI SOO KIM 15 UNITED STATES MAGISTRATE JUDGE 16 || 5, ball.1973.24 17 18 19 20 21 22 23 24 25 26 27 || AMENDED STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES 3 AND EXPENSES PURUSANT TO THE EQUAL ACCESS TO JUSTICE ACT; ORDER - 3