1 || HARVEY P. SACKETT (72488) 2 SAC KET T AND ASSOCIATES 3 A PROFESSIONAL LAW CORP. 4 548 Market Street, Suite 38822 San Francisco, California 94104-5401 5 || Telephone: (408) 295-7755 Facsimile: (408) 295-7444 6 || Email: [email protected] 7 || Attorney for Plaintiff 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 ||MELISSA C. TOFTEE, ) Case No.: 1:24-cv-01139-BAM 13 Plaintiff, ) STIPULATION AND {PROPOSED} 14 ORDER FOR THE AWARD AND V. ) PAYMENT OF ATTORNEY FEES 15 ) PURSUANT TO THE EQUAL ) ACCESS TO JUSTICE ACT, 28 Commissioner of Social Security, ) 17 ) 8 Defendant. 19 20 On September 19, 2025, this Court issued an order reversing the final decision of the Defendant, Frank Bisignano, the Commissioner of Social Security (Commissioner), with a 9 remand for further administrative proceedings,

(g) (sentence four); judgment was 3 entered. 24 ' Frank Bisignano became the Commissioner of Social Security on May 7, 2025. Pursuant to 25 || Rule 25(d)(1) of the Federal Rules of Civil Procedure, Frank Bisignano should be substituted for Leland Dudek as Defendant in this suit. No further action need be taken to continue this suit by 6 reason of the last sentence of section 205(g) of the Social Security Act,

|| 405(g). 28 KETT || STIPULATION AND {PROPOSED} ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 |! FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT,

(d)

1 In the interest of administrative and judicial economy, the parties have agreed to stipulate 2 || that an award of FIVE THOUSAND FIVE HUNDRED SEVENTY-THREE DOLLARS AND 3 || FIFTY-SIX CENTS ($5,573.56) in attorney fees under the Equal Access to Justice Act (EAJA), 4 ||28US.C. § 2412(d), is reasonable. This award is without prejudice to Plaintiff's nght to seek 5 attorney’s fees under section 206(b) of the Social Security Act,

(b), subject to the 6 |] offset provisions of the EAJA. However, this award shall constitute a complete release from and 7 |! bar to any claims Plaintiff may have relating to EAJA fees and costs. Further, such award shall 8 || not be used as precedent in any future cases, nor be construed as a concession by the 9 |] Commissioner that the original administrative decision denying benefits to Plaintiff was not 10 substantially justified. 11 After the Court issues an order for EAJA fees to Plaintiff, the Government will consider 12 || the matter of Plaintiff's assignment of EAJA fees to Harvey P. Sackett (“Counsel”). Pursuant to 13 || Astrue v. Ratliff,

(2010), the ability to honor an assignment will depend on whether 14 || the fees are subject to any offset allowed under the United States Department of the Treasury’s || Offset Program. After the order for EAJA is entered, the Government will determine whether 16 they are subject to offset. Fees shall be made payable to Plaintiff, but if the Department of 17 Treasury determines Plaintiff does not owe a federal debt, then the Government shall cause the 18 payment of fees, expenses, and costs to be made payable directly to Counsel, pursuant to the 19 las signment executed by Plaintiff. Any payments made shall be delivered and made payable to 20 |! Counsel. 21 Accordingly, Defendant agrees to pay Plaintiff $5,573.56 in attorney’s fees. 22 All parties whose signature lines appear in this document have consented to its filing. 23 || This award is without prejudice to the rights of Sackett and Associates and/or Harvey P. Sackett 24 || to seek Social Security Act attorney fees under

(b), subject to the savings clause 25 provisions of the EAJA. 26 27 28

LAW CORP. STIPULATION AND {PROPOSED} ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 |! FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT,

(d)

1 || Dated: October 22, 2025 SACKETT AND ASSOCIATES 2 By: /s/ HARVEY P. SACKETT 3 HARVEY P. SACKETT Attorney for Plaintiff 4 MELISSA C. TOFTEE 5 Dated: October 24, 2025 ERIC GRANT 6 United States Attorney 7 By: /s/LORI LOOKLISS 8 LORI LOOKLISS Special Assistant United States Attorney 9 Attorney for Defendant 10 [*As authorized by email on 10/22/25]

11 ORDER 12 3 Pursuant to the stipulation, IT IS ORDERED that fees in the amount of FIVE

4 THOUSAND FIVE HUNDRED SEVENTY-THREE DOLLARS AND FIFTY-SIX CENTS

15 ($5,573.56) as authorized by the Equal Access to Justice Act,

(d), be awarded

16 subject to the terms of the stipulation. '7 lyr Is SO ORDERED. 18 Dated: _ October 24, 2025 [s/ Barbara A. MAubiffe UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 LAW CORP. STIPULATION AND {PROPOSED} ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 |! FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT,

(d)