1 John Metsker, Esq. SBN 268977 2 THE METSKER LAW FIRM P.O. Box 590881 3 San Francisco, CA 94159 4 Phone: 866-342-6180 Fax: 415-500-4081 5 [email protected] Attorney for Plaintiff. 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 TIMOTHY SLATE, No. 3:21-cv-00298-CSD 11 Plaintiff 12 STIPULATION AND ORDER FOR THE v. AWARD OF ATTORNEY FEES 13 PURSUANT TO THE EQUAL ACCESS TO KILOLO KIJAKAZI, Acting JUSTICE ACT,

(d) AND 14 Commissioner of Social Security, COSTS PURSUANT TO

15 Defendant. 16 17 IT IS HEREBY STIPULATED by and between the parties through their undersigned 18 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the 19 Equal Access to Justice Act (EAJA),

(d), in the amount of SEVEN 20 THOUSAND FOUR HUNDRED THIRTY-NINE DOLLARS AND EIGHTY-SEVEN CENTS 21 ($7,439.87) and costs under

in the amount of FOUR HUNDRED TWO 22 DOLLARS ($402.00). These amounts represent compensation for all legal services rendered and 23 costs incurred on behalf of Plaintiff, to date, by counsel in connection with this civil action, in 24 accordance with

(d) and 1920. 25 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 26 will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff's 27 attorney. Pursuant to Astrue v. Ratliff,

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

, subject to the offset provisions of the EAJA. 14 15 Respectfully submitted, 16 | Dated: June 1, 2022 /s/ John David Metsker 17 JOHN DAVID METSKER Attorney for Plaintiff 18 19 Dated: June 1, 2022 /s/ Allison J. Cheung* 20 ALLISON J. CHEUNG *As authorized via email on June 1, 2022 21 Special Assistant United States Attorney Attorney for Defendant 22 23 ORDER 24 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 25 CS DATE: June 2, 2022. 27 HON. CRAIG S. EY 28 UNITED STATES MAGISTRATE JUDGE