1 JESSE S. KAPLAN CSB# 103726 5441 Fair Oaks Bl. Ste. C-1 2 Carmichael, CA 95608 (916) 488-3030 3 (916) 489-9297 fax 4 Attorney for Plaintiff 5 NATALII TSUBERA

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8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9

10 NATALII TSUBERA, ) Case No. 2:24-CV-01789-AC(SS) ) 11 Plaintiff ) STIPULATION AND PROPOSED ) ORDER FOR AWARD OF ATTORNEY 12 v. ) FEES UNDER THE EQUAL ACCESS TO 13 ) JUSTICE ACT (EAJA) COMMISSIONER OF SOCIAL ) 14 SECURITY, ) ) 15 ) 16 Defendant ) ) 17 ____________________________________ )

18 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 19 subject to the approval of the Court, that Plaintiff shall be awarded attorney fees and expenses under 20 the Equal Access to Justice Act (EAJA),

(d), in the amount of five thousand 21 dollars exactly ($5,000.00) and four hundred and five dollars ($405.00) in costs under

. This amount represents compensation for all legal services rendered on behalf of plaintiff by 22 counsel in connection with this civil action, in accordance with

and 2412(d). 23 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 24 matter of any assignment of EAJA fees by Plaintiff. Pursuant to Astrue v. Ratliff,

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 Because of this stipulation, plaintiff’s motion for attorney fees under the EAJA 9 should be withdrawn as moot. 10 This award is without prejudice to the rights of Counsel to seek Social Security Act attorney fees under

(b), subject to the savings clause provisions of the EAJA . 11

12 Dated: April 10, 2025 13 By: /s/ Jesse Kaplan 14 JESSE KAPLAN Attorney for Plaintiff 15 16 Dated: April 10, 2025

17 By: /s/ Mary Tsai MARY TSAI 18 Special Assistant United States Attorney

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20 ORDER

21 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 22 Fees, Costs, and Expenses, IT IS ORDERED that fees and expenses in the amount of $5,000.00 as 23 authorized by

, and costs in the amount of $405.00 as authorized by

1920, be awarded subject to the terms of the Stipulation. Furthermore, Plaintiff’s motion for attorney 25 26 fees is withdrawn as moot. 27 //

28 1 ||DATED: April 21, 2025 ~ Mten—lhinee ALLISON CLAIRE 3 UNITED STATES MAGISTRATE JUDGE 4 5 6

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Stip. and Prop. Order for Fees ED. Cal, 2:24-ev-1789-AC