1 Melissa Newel (CASB #148563) NEWEL LAW 2 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94705 3 (510) 316-3827 4 [email protected] Attorney for Plaintiff 5 JEREMY ROBERT CLOVER

6 MICHELE BECKWITH 7 Acting United States Attorney MATHEW W. PILE 8 Associate General Counsel Office of Program Litigation, Office 7 9 MARY TSAI (CASB #216963) Special Assistant United States Attorney 10 Office of Program Litigation, Office 7 11 Office of the General Counsel Social Security Administration 12 6401 Security Boulevard Baltimore, MD 21235 13 (510) 970-4864 [email protected] 14 Attorneys for Defendant 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 19 JEREMY ROBERT CLOVER, No. 1:24-CV-00935 (GSA) 20 Plaintiff,

21 v. STIPULATION AND [PROPOSED] ORDER FOR AWARD AND PAYMENT 22 COMMISSIONER OF OF ATTORNEYS FEES AND COSTS SOCIAL SECURITY, PURSUANT TO THE EQUAL ACCESS TO 23 JUSTICE ACT (

(d) AND 28 Defendant. U.S.C. §1920) 24

25

26

27

28 1 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 2 attorneys, subject to the approval of the Court, that Jeremy Robert Clover (“Plaintiff”) be 3 awarded attorney fees under the Equal Access to Justice Act (“EAJA”),

(d), in 4 the amount of seven thousand four hundred and fifty-four dollars and forty-six cents ($7,454.46). 5 This represents compensation for all legal services rendered on behalf of Plaintiff by counsel in 6 connection with this civil action to date, in accordance with

(d). In addition, 7 pursuant to

and 2412 (d), Plaintiff seeks the award of costs associated with the 8 civil action in the amount of four hundred and five dollars ($405). 9 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 10 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 11 Ratliff,

(2010), the ability to honor the assignment will depend on whether the 12 attorney fees are subject to any offset allowed under the United States Department of the 13 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 14 determine whether they are subject to any offset. 15 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 16 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 17 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 18 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 19 made shall be delivered to Plaintiff’s counsel by electronic transfer or by check. 20 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 21 attorney fees and does not constitute an admission of liability on the part of Defendant under 22 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 23 bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA 24 attorney fees and expenses in connection with this action. 25 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 26 Act attorney fees under

(b), subject to the provisions of the EAJA.

27 Respectfully submitted, 28 1 Dated: March 14, 2025 NEWEL LAW 2 By: Melissa Newel 3 Melissa Newel 4 Attorney for Plaintiff JEREMY ROBERT CLOVER 5

6 Dated: March 14, 2025 MICHELE BECKWITH 7 Acting United States Attorney MATHEW W. PILE 8 Associate General Counsel Office of Program Litigation, Office 7 9 By: Mary Tsai* 10 MARY TSAI 11 (*Authorized by email dated 03/14/2025) Special Assistant U.S. Attorney 12 Office of Program Litigation, Office 7 Social Security Administration 13 Attorneys for Defendant 14

15 ORDER 16 IT IS HEREBY ORDERED that, pursuant to the Equal Access to Justice Act, 28 U.S.C. 17 18 §2412(d), attorney fees in the amount of seven thousand four hundred and fifty-four dollars 19 and forty-six cents ($7,454.46) and, pursuant to

and 2412(d), costs in the 20 amount of four hundred and five dollars ($405), be awarded subject to the terms of the 21 Stipulation. 22

23 IT IS SO ORDERED. 24 25 Dated: March 17, 2025 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 26 27 28