1 MICHELE BECKWITH Acting United States Attorney 2 MATHEW W. PILE Associate General Counsel 3 Office of Program Litigation, Office 7 JULIE A.K. CUMMINGS (HI, 10635) 4 Special Assistant United States Attorney 5 Office of Program Litigation, Office 7 Office of the General Counsel 6 Social Security Administration 6401 Security Boulevard 7 Baltimore, MD 21235 8 410-966-1551 [email protected] 9 Attorneys for Defendant

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12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 14

15 MARIA GALLEGOS , Civil No. 2:24-cv-02384-AC 16

17 Plaintiff, STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND 18 vs. EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT,

COMMISSIONER OF SOCIAL SECURITY, 2412(d), AND COSTS PURSUANT TO

; [PROPOSED]ORDER 20 Defendant. 21

22 IT IS HEREBY STIPULATED by and between the parties through their undersigned 23 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the 24 amount $6720.34 (SIX THOUSAND, SEVEN HUNDRED TWENTY dollars and THIRTY- 25 FOUR cents) under the Equal Access to Justice Act (EAJA),

(d), and no costs 26 under

. This amount represents compensation for all legal services rendered on 27 behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. 28 1 §§ 1920; 2412(d). 2 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 3 the matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant to Astrue v. Ratliff, 4

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(2010), the ability to honor any assignment 5 will depend on whether the fees are subject to any offset allowed under the United States 6 Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 7 government will determine whether they are subject to any offset. 8 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 9 expenses and costs to be made directly to counsel, pursuant to the assignment executed by 10 Plaintiff. Any payments made shall be delivered to counsel. 12 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 13 attorney fees and does not constitute an admission of liability on the part of Defendant under the 14 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 15 bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating 16 to EAJA attorney fees or costs in connection with this action. 17 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 18 Social Security Act attorney fees under

(b), subject to the savings clause 19 provisions of the EAJA. 20 Respectfully submitted, 21 Date: February 21, 2025 Law Offices of Francesco Benavides

22 By: /s/ Francesco Paulo Benavides FRANCESCO PAULO BENAVIDES 23 (as authorized by email) 24 Attorney for Plaintiff

25 Date: February 21, 2025 MICHELE BECKWITH 26 Acting United States Attorney 27 MATHEW W. PILE Associate General Counsel 28 Office of Program Litigation, Office 7 1 Social Security Administration 2 By: /s/Julie ALK. Cummings JULIE A.K. CUMMINGS 3 Special Assistant United States Attorney 4 Office of Program Litigation, Office 7 Social Security Administration 5 Attorney for Defendant 6 7 ORDER 8 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 9 Justice Act Fees, Costs, and Expenses, IT IS ORDERED that fees in the amount of $6720.34 as 10 || authorized by

, and no costs, be awarded subject to the terms of the Stipulation. 12 13 14 DATED: February 21, 2025 ~ Athen Lape 15 ALLISON CLAIRE 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28

EAJA Stip. Page 3 Case No. 2:24-cv-02384-AC