1 John Metsker, Esq., CA SBN 268977 2 THE METSKER LAW FIRM 3 P.O. Box 590881 San Francisco, CA 94159 4 Phone: 866-342-6180 5 Fax: 415-500-4081 [email protected] 6 Attorney for Plaintiff 7

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 ANTHONY J. LEWIS, No. 2:24-cv-01608-SCR 12 Plaintiff, 13 STIPULATION AND [PROPOSED] v. ORDER FOR THE AWARD OF 14 ATTORNEY FEES PURSUANT TO COMMISSIONER OF SOCIAL 15 SECURITY, THE EQUAL ACCESS TO JUSTICE ACT,

(d), AND 16 Defendant. COSTS PURSUANT TO

17 18 IT IS HEREBY STIPULATED by and between the parties through their 19 20 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 21 attorney fees under the Equal Access to Justice Act (EAJA),

(d), 22 in the amount of SIX THOUSAND TWO HUNDRED TWENTY DOLLARS AND 23 24 FORTY-FIVE CENTS ($6,220.45) and costs under

in the amount 25 of FOUR HUNDRED FIVE DOLLARS AND NO CENTS ($405.00). These 26 amounts represent compensation for all legal services rendered and costs incurred 27 28 on behalf of Plaintiff, to date, by counsel in connection with this civil action, in 1 accordance with

(d) and 1920. 2 After the Court issues an order for EAJA fees to Plaintiff, the government 3 will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to 4 5 Plaintiff's attorney. Pursuant to Astrue v. Ratliff,

(2010), the ability to 6 honor the assignment will depend on whether the fees are subject to any offset 7 8 allowed under the United States Department of the Treasury’s Offset Program. 9 After the order for EAJA fees and expenses is entered, the government will 10 determine whether they are subject to any offset. 11 12 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 13 determines that Plaintiff does not owe a federal debt, then the government shall 14 cause the payment of fees to be made directly to Plaintiff’s counsel, John D. 15 16 Metsker, pursuant to the assignment executed by Plaintiff. Any payments made 17 shall be delivered to Plaintiff’s counsel. 18 This stipulation constitutes a compromise settlement of Plaintiff's request for 19 20 EAJA attorney fees and costs, and does not constitute an admission of liability on 21 the part of Defendant under the EAJA. Payment of the agreed amounts shall 22 constitute a complete release from, and bar to, any and all claims that Plaintiff 23 24 and/or Plaintiff's counsel may have relating to EAJA attorney fees, costs, and 25 expenses in connection with this action. 26 ///// 27 28 ///// | This award is without prejudice to the rights of Plaintiff's counsel to seek 2 Social Security Act attorney fees under

, subject to the offset 3 4 | provisions of the EAJA. 5 6 . Respectfully submitted, 7 8 | Dated: December 10, 2025 /s/ John David Metsker 9 JOHN DAVID METSKER Attorney for Plaintiff 10 11 12 | Dated: December 10, 2025 /s/ Erin Jurrens 13 ERIN JURRENS *As authorized via email on 14 December 10, 2025 15 Special Assistant United States Attorney 6 Attorney for Defendant

17 18 19 [PROPOSED] ORDER 20 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 21 22 | DATE: December 17, 2025 / 23 SEAN C. RIORDAN UNITED STATES MAGISTRATE JUDGE 25 26 27 28