1 JONATHAN HART 309749 HOMELESS ACTION CENTER 2 3126 Shattuck Avenue Berkeley, CA 94705 3 Phone: (510) 540-0878 x. 317 4 Fax: (510) 540-0403 [email protected] 5 Attorney for Plaintiff 6 7 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 CURTIS THOMAS, ) ) CIVIL NO. 21-CV-10007-HSG 13 Plaintiff, ) ) 14 v. ) STIPULATION TO PLAINTIFF’S AWARD ) OF ATTORNEY’S FEES AND COSTS 15 MARTIN O’MALLEY, ) AND ORDER ) 16 Commissioner of Social Security, ) ) 17 Defendant. ) ) 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’s counsel, as Plaintiff’s assignee, be 21 awarded attorney fees under the Equal Access to Justice Act (EAJA) in the amount of SEVEN 22 THOUSAND FIVE HUNDRED DOLLARS ($7,500.00). This amount represents 23 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection 24 with this civil action, in accordance with

, 2412(d). 25 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 26 attorney fees, and does not constitute an admission of liability on the part of Defendant under 27 the EAJA. Payment of seven thousand five hundred ($7,500.00) in EAJA attorney fees shall 28 1 || constitute a complete release from and bar to any and all claims Plaintiff may have relating to 2 || EAJA fees, expenses, and/or costs in connection with this action. 3 After this Court issues an order for EAJA fees to Plaintiff, the Commissioner will 4 || consider the matter of Plaintiffs assignment of EAJA fees to Plaintiff’s attorney. The ability 5 || to honor the assignment will depend on whether the fees are subject to any offset allowed 6 || under the United States Department of the Treasury’s Offset Program and the Commissioner 7 || will determine whether the fees are subject to an offset. See Astrue v. Ratliff,

, 8 11598 (2010). If the Department of the Treasury determines that Plaintiff does not owe a Federal 9 || debt, then the Commissioner shall cause the payment of fees and costs to be made directly to 10 || Plaintiff’s counsel pursuant to the assignment executed by Mr. Thomas (attached). 11 This award is without prejudice to the rights of Plaintiff's counsel to seek Social 12 || Security Act attorney fees under

(b), subject to the savings clause provisions of 13 || the EAJA. 14 15 Dated: April 17, 2024 16 /s/ Jonathan Hart JONATHAN HART Attorney for Plaintiff 18 19 || Date: April 17, 2024 By: = /s/Caspar Chan CASPR CHAN 20 Special Assistant United States Attorney * by email authorization April 17, 2024 Attorney for Defendant 22 23 || PURSUANT TO STIPULATION, APPROVED AND SO ORDERED. 24 25 26 ||Dated: 4/18/2024 27 HAYWOGD S. GILLIAM, JR. 28 United States District Court Judge

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