Stuart T. Barasch 1 (State Bar No. 74108) Of Counsel, Olinsky Law Group 2 Law Offices of Stuart Barasch P.O. Box 961719 3 El Paso, TX 79996 4 Telephone: (213) 621-7622 Email: [email protected] 5 Attorney for Plaintiff, Shanti Elizabeth Montevaldo 6

7 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9

10 ) No. 3:23-cv-06260-LJC 11 SHANTI ELIZBETH MONTEVALDO, ) ) Plaintiff, ) JOINT STIPULATION FOR THE AWARD 12 ) AND PAYMENT OF ATTORNEY FEES v. ) AND EXPENSES PURSUANT TO THE 13 ) EQUAL ACCESS TO JUSTICE ACT, ) 14 COMMISSIONER OF SOCIAL )

(d) 15 SECURITY, ) ) Defendant. 16 IT IS HEREBY STIPULATED by and between the parties through their undersigned 17 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the 18 amount of $7,004.96 (SEVEN THOUSAND FOUR DOLLARS AND NINETY-SIX CENTS) 19 under the Equal Access to Justice Act (EAJA),

(d) and costs in the amount of 20 $405.00 (FOUR HUNDRED FIVE DOLLARS AND ZERO CENTS) under

. 21 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

, 2412(d). 23 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 24 the matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant to Astrue v. Ratliff, 25

(2010), the ability to honor any assignment will depend on whether the fees 26 are subject to any offset allowed under the United States Department of the Treasury’s Offset 27 28 1 Program. After the order for EAJA fees is entered, the government will determine whether they 2 are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 4 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 5 expenses, and costs to be made directly to Olinsky Law Group, pursuant to the assignment 6 executed by Plaintiff. Payments may be made by electronica fund transfer (EFT) or by check, 7 and shall be delivered to Olinsky Law Group. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 9 attorney fees, not an admission of liability on the part of Defendant, under the EAJA or 10 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, 11 any and all claims that Plaintiff and/or counsel, including counsel’s firm, may have relating to 12 EAJA attorney fees in connection with this action. 13 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 14 Social Security Act attorney fees under

(b), subject to the savings clause 15 provisions of the EAJA. 16 17 Respectfully submitted, 18 Date: June 23, 2025 /s/ Stuart T. Barasch, Esq. 19 STUART T. BARASCH 20 Attorney for Plaintiff

21 STEPHANIE M. HINDS United States Attorney 22

23 /s/ Ryan T. Lu, Esq.1 Ryan T. Lu, ESQ. 24 Special Assistant United States Attorney Attorneys for Defendant 25

26 27

28 1 Counsel attests that Ryan Lu, on behalf of Defendant, concurs in the content of this filing and authorized this filing via email on June 23, 2025. 2 4 6 fPROPOSED} ORDER 4 Pursuant to the foregoing stipulation, THE COURT ORDERS Defendant to award 9 Plaintiff attorney fees in the amount of $7,004.96 (SEVEN THOUSAND FOUR DOLLARS 9 AND NINETY-SIX CENTS) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 10 § 2412(d), and costs in the amount of $405.00 (FOUR HUNDRED FIVE DOLLARS AND 1 ZERO CENTS) under

. 12 13 || Date: June 25, 2025 Fe sev — ‘LISA JATISNEROS 14 ed States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28