1 PHILLIP A. TALBERT United States Attorney 2 MATHEW W. PILE Associate General Counsel 3 Office of Program Litigation, Office 7 4 CASPAR CHAN (CA SBN 294804) Special Assistant United States Attorney 5 Social Security Administration 6 6401 Security Boulevard Baltimore MD 21235 7 Telephone: 510-970-4810 8 Facsimile: 415-744-0134 9 Email: [email protected] Attorneys for Defendant 10 11 Meghan O. Lambert, Esq. Osterhout Berger Disability Law, LLC 12 521 Cedar Way, Suite 200 13 Oakmont, PA 15139 Phone: 412-794-8003 14 [email protected] 15 CA Bar ID: 258040 Attorney for Plaintiff, David Aronson 16 17 UNITED STATES DISTRICT COURT 18 FOR THE EASTERN DISTRICT OF CALIFORNIA

19 Case No. 2:22-cv-01267-DMC 20 DAVID ARONSON, Plaintiff, STIPULATION AND ORDER FOR THE 21 AWARD OF ATTORNEY FEES UNDER 22 v. THE EQUAL ACCESS TO JUSTICE ACT (EAJA) 23 KILOLO KIJAKAZI,

(d) 24 Acting Commissioner of Social Security, 25

26 Defendant. 27 TO THE HONORABLE DENNIS M. COTA, MAGISTRATE JUDGE OF THE 1 The Parties through their undersigned counsel, subject to the Court’s approval, 2 stipulate that Plaintiff be awarded attorney fees in the amount of SIX THOUSAND, FIVE 3 HUNDRED DOLLARS and 00/100 ($6,500.00) under the Equal Access to Justice Act 4 (EAJA),

(d) and costs in the amount of FOUR HUNDRED TWO 5 DOLLARS ($402.00), to be paid separately from the Judgment Fund. This amount 6 represents compensation for all legal services rendered on behalf of Plaintiff by counsel 7 in connection with this civil action, in accordance with

(d). Plaintiff 8 attests her net worth has not exceeded, $2,000,000.00, at the time of the filing of this civil 9 action nor at the present. 10 After the Court issues an order for EAJA fees to Plaintiff, the government will 11 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue 12 v. Ratliff,

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(2010), the ability to honor 13 the assignment will depend on whether the fees are subject to any offset allowed under 14 the United States Department of the Treasury’s Offset Program. After the order for EAJA 15 16 fees is entered, the government will determine whether they are subject to any offset. 17 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 18 determines that Plaintiff does not owe a federal debt, then the government shall cause the 19 payment of fees, expenses and costs to be made directly to counsel, pursuant to the 20 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 21 counsel, Meghan O. Lambert at 521 Cedar Way, Suite 200, Oakmont, Pennsylvania 22 15139. 23 This stipulation constitutes a compromise settlement of Plaintiff’s request for 24 EAJA fees, and does not constitute an admission of liability on the part of Defendant 25 under the EAJA. Payment of SIX THOUSAND, FIVE HUNDRED DOLLARS and 26 00/100 ($6,500.00) under the Equal Access to Justice Act (EAJA),

(d) 27 and costs in the amount of FOUR HUNDRED TWO DOLLARS ($402.00) in costs, to 1 || be paid separately from the Judgment Fund. These payments shall constitute a complet 2 || release from, and bar to, any and all claims that Plaintiff and Plaintiff’s attorney, Megha 3 | O. Lambert, may have relating to EAJA attorney fees in connection with this action. 4 This award is without prejudice to the rights of Plaintiff's attorney to seek Socia 5 Security Act attorney fees under

(b), subject to the savings claus 6 provisions of the EAJA. 7 Respectfully submitted, 8 9 Dated: May 31, 2023 /s/ Meghan O. Lambert 10 MEGHAN O. LAMBERT 11 Attorney for Plaintiff 12 Dated: May 31, 2023 PHILLIP A. TALBERT 13 United States Attorney 14 Eastern District of California 15 By: __/s/ Caspar Chan* 16 CASPAR CHAN Special Assistant U.S. Attorney 17 Attorneys for Defendant 18 (*Permission to use electronic signature 19 obtained via email on May 31, 2023). 20 91 | SO ORDERED: 22 Dated: January 3, 2024 23 = SSK 74 DENNIS M. COTA 5 UNITED STATES MAGISTRATE JUDGE 5 26 27 28 -3-