1 ERIC GRANT United States Attorney 2 MATHEW W. PILE Head of Program Litigation 1 3 Social Security Administration | Law & Policy MARGARET BRANICK-ABILLA, CSBN 223600 4 Special Assistant United States Attorney 5 Program Litigation 1 Social Security Administration | Law & Policy 6 6401 Security Boulevard Baltimore, MD 21235 7 Telephone: (510) 970-4809 8 Email: [email protected]

9 Attorneys for Defendant

10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 12

13 OCTAVIO NUNEZ, Civil No. 2:24-cv-03166-TLN-AC

14 Plaintiff, STIPULATION FOR THE AWARD AND 15 vs. PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 16 COMMISSIONER OF SOCIAL SECURITY,

(d), AND COSTS UNDER 28

Defendant. 18 19 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 20 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the amount of SEVEN THOUSAND, FOUR HUNDRED DOLLARS AND ZERO CENTS 21 ($7,400.00) under the Equal Access to Justice Act (EAJA),

(d) and costs in the 22 amount of $405.00 (FOUR HUNDRED AND FIVE DOLLARS AND ZERO CENTS) under 28

. This amount represents compensation for all legal services rendered on behalf of 24 Plaintiff by counsel in connection with this civil action, in accordance with

(d). 25 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 26 the matter of Plaintiff’s assignment of EAJA fees to counsel UNITED DISABILITY LAWYERS 27 GROUP (Counsel). Pursuant to Astrue v. Ratliff,

(2010), the ability to honor 28 1 the assignment will depend on whether the fees are subject to any offset allowed under the 2 United States Department of the Treasury’s Offset Program. After the order for EAJA fees is 3 entered, the government will determine whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 5 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 6 be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments 7 made shall be delivered to Counsel. Payments may be made by electronic funds transfer (EFT) 8 or by check. 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 any 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: October 22, 2025 SUMMIT DISABILITY LAW LLC 20 By: /s/ Kevin D. Heitke* 21 KEVIN D. HEITKE Attorneys for Plaintiff 22 [*As authorized by J. Gannon by e-mail on Oct. 21, 2025] 23 Dated: October 22, 2025 ERIC GRANT 24 United States Attorney MATHEW W. PILE 25 Head of Program Litigation 1 Social Security Administration | Law & Policy 26 By: /s/ Margaret Branick-Abilla 27 MARGARET BRANICK-ABILLA Special Assistant United States Attorney 28 Attorneys for Defendant 1 ORDER Pursuant to stipulation, IT IS SO ORDERED. 3 4 || DATED: October 22, 2025 ~

ALLISON CLAIRE 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Stipulation; Order Page 3 Case No. 2:25-cv-00976-AC