1 MICHELE BECKWITH Acting United States Attorney 2 MATHEW W. PILE Associate General Counsel 3 Office of Program Litigation, Office 7 MARGARET BRANICK-ABILLA (CABN 223600) 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 Telephone: (510) 970-4809 Email: [email protected] 9 Attorneys for Defendant 10 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 DAVID ELIAS ARONSON, Civil No. 2:24-cv-02609-SCR 14 Plaintiff, 15 STIPULATION FOR THE AWARD AND vs. PAYMENT OF ATTORNEY FEES PURSUANT 16 TO THE EQUAL ACCESS TO JUSTICE ACT , 17 COMMISSIONER OF SOCIAL SECURITY,

(d)

18 Defendant.

19 20 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the 22 amount of EIGHT THOUSAND, EIGHT HUNDRED DOLLARS AND ZERO CENTS 23 ($8,800.00) under the Equal Access to Justice Act (EAJA),

(d) and costs in the 24 amount of $405.00 (FOUR HUNDRED AND FIVE DOLLARS AND ZERO CENTS) under

. This amount represents compensation for all legal services rendered on behalf of 25 Plaintiff by counsel in connection with this civil action, in accordance with

(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 27 the matter of Plaintiff’s assignment of EAJA fees to counsel Osterhout Berger Daley, LLC 28 1 (Counsel). Pursuant to Astrue v. Ratliff,

(2010), the ability to honor the 2 assignment will depend on whether the fees are subject to any offset allowed under the United 3 States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, 4 the government will determine whether they are subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 6 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 7 be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments 8 made shall be delivered to Counsel. Plaintiff was an individual whose net worth did not exceed $2,000,000 at the time the 9 civil action was filed. 10 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 12 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 13 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 14 bar to, any and all claims that Plaintiff and/or Counsel, including Counsel’s law firm and 15 associates, may have relating to EAJA attorney fees in connection with this action. 16 This award is without prejudice to the rights of Counsel to seek Social Security Act 17 attorney fees under

(b), subject to the savings clause provisions of the EAJA. 18 Respectfully submitted, 19 Dated: June 2, 2025 OSTERHOUT BERGER DISABILITY LAW 20 By: /s/ Sherianne Laba* 21 SHERIANNE LABA Attorneys for Plaintiff 22 [*As authorized by L. Sbrolla by e-mail on Jun. 2, 2025] 23 Dated: June 26, 2025 MICHELE BECKWITH 24 Acting United States Attorney MATHEW W. PILE 25 Associate General Counsel Office of Program Litigation, Office 7 26 By: /s/ Margaret Branick-Abilla 27 MARGARET BRANICK-ABILLA Special Assistant United States Attorney 28 Attorneys for Defendant ORDER 2 Pursuant to the parties’ stipulation for an award of fees under the EAJA (ECF No. 20), IT 3 || Is SO ORDERED. 4 > || DATED: June 26, 2025 ° fonrfoln 7 SEAN C. RIORDAN UNITED STATES MAGISTRATE JUDGE

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Stipulation; Order Page 3 Case No. 2:24-cv-02609-SCR