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5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 MARIANN REAVILL, No. 1:24-cv-00875-EPG 10 Plaintiff, 11 STIPULATION AND ORDER FOR THE v. AWARD OF ATTORNEY FEES 12 PURSUANT TO THE EQUAL ACCESS COMMISSIONER OF SOCIAL SECURITY, TO JUSTICE ACT,

(d) 13 Defendant. (ECF No. 14) 14

15 16 IT IS HEREBY STIPULATED by and between the parties through their undersigned 17 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the 18 Equal Access to Justice Act (EAJA),

(d), in the amount of SIX HUNDRED 19 EIGHTY-FOUR DOLLARS AND NINETY- FOUR CENTS ($684.94) and no costs under 28

. These amounts represent compensation for all legal services rendered and costs 21 incurred on behalf of Plaintiff, to date, by counsel in connection with this civil action, in 22 accordance with

(d) and 1920. After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 23 will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff's 24 attorney. Pursuant to Astrue v. Ratliff,

(2010), the ability to honor the assignment 25 will depend on whether the fees are subject to any offset allowed under the United States 26 Department of the Treasury’s Offset Program. After the order for EAJA fees and expenses is 27 entered, the government will determine whether they are subject to any offset. 28 1 Fees and expenses shall be made payable to Plaintiff, but if the Department of the 2 Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause 3 the payment of fees to be made directly to Plaintiff’s counsel, John D. Metsker, pursuant to the 4 assignment executed by Plaintiff. Any payments made shall be paid via electronic funds transfer 5 (EFT) or via check delivered to Plaintiff’s counsel. This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 6 attorney fees and expenses, and does not constitute an admission of liability on the part of 7 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 8 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 9 EAJA attorney fees and expenses in connection with this action. 10 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 11 Act attorney fees under

, subject to the offset provisions of the EAJA. 12

13 Respectfully submitted, 14

15 Dated: December 26, 2024 /s/ John David Metsker JOHN DAVID METSKER 16 Attorney for Plaintiff 17

18 Dated: December 26, 2024 /s/ Justin L. Martin* 19 JUSTIN L. MARTIN *As authorized via email on 20 December 26, 2024 21 Special Assistant United States Attorney Office of Program Litigation, Office 7 22 Attorney for Defendant

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28 1 ORDER 2 Pursuant to the parties’ stipulation (ECF No. 14), IT IS ORDERED that Plaintiff is 3 || awarded attorney fees under the Equal Access to Justice Act,

(d), in the amount 4 | of SIX HUNDRED EIGHTY-FOUR DOLLARS AND NINETY-FOUR CENTS ($684.94) and 5 || no costs under

. IT IS SO ORDERED. 4 g | Dated: _December 27, 2024 _ sf ey 9 UNITED STATES MAGISTRATE JUDGE

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