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8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA

11 MICHAEL SWEELEY, Case No. 1:23-cv-01209-EPG 12 Plaintiff, STIPULATION FOR THE AWARD AND 13 PAYMENT OF ATTORNEY FEES PURSUANT v. TO THE EQUAL ACCESS TO JUSTICE ACT; 14

ORDER

15 MARTIN O’MALLEY, Commissioner of Social Security, (ECF No. 23) 16 Defendant. 17 Plaintiff seeks an award of attorney fees under the Equal Access to Justice Act (EAJA), 18 28 U.S.C. § 2412 et seq. After Plaintiff filed a present motion (ECF No. 20), the parties engaged in 19 good faith negotiations. Defendant, the Commissioner of Social Security (Commissioner), by his 20 undersigned counsel, and Plaintiff, by his counsel, Jared Walker, now agree and stipulate as follows: 21 1. Plaintiff was the prevailing party in this matter; 22 2. Plaintiff was an individual whose net worth did not exceed $2,000,000 at the time the civil action 23 was filed; 24 3. The position of the Commissioner was not substantially justified; 25 4. An award of fees is not unjust; 26 5. An award of $7,000.00 constitutes reasonable attorney fees in this matter; 27 6. Plaintiff has no costs under 28 U.S.C. § 1920; 1 7. Payment of these amounts shall constitute a complete release from and bar to any and all claims 2 Plaintiff may have relating to EAJA fees in connection with this action. The parties further agree 3 that the EAJA award is without prejudice to the right of Plaintiff’s attorney to seek attorney fees 4 pursuant to Social Security Act § 206(b), 42 U.S.C. § 406(b), subject to the offset provisions of the EAJA. See 28 U.S.C. § 2412(c)(1) (2006). 5 8. Under Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees awarded by this Court 6 belong to the Plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. 7 § 3716(c)(3)(B) (2006)). Any EAJA fees should therefore be awarded to Plaintiff and not to 8 Plaintiff’ s attorney. If, after receiving the Court’s EAJA fee order, the Commissioner (1) 9 determines that Plaintiff has assigned her right to EAJA fees to her attorney; (2) determines that 10 Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, and (3) 11 agrees to waive the requirements of the Anti-Assignment Act, then the EAJA fees will be made 12 payable to Plaintiff’ s attorney. However, if there is a debt owed under the Treasury Offset 13 Program, the Commissioner cannot agree to waive the requirements of the Anti-Assignment Act, 14 and the remaining EAJA fees after offset will be paid by a check or electronic fund transfer (ETF) 15 made out to Plaintiff but delivered to Plaintiff’ s attorney. 16 Respectfully submitted, 17

18 Dated: July 2, 2024 By: /s/ Jared Walker

JARED WALKER

19 Attorney for Plaintiff *Authorized via e-mail on July 2, 2024 20

21 Dated: July 2, 2024 PHILLIP A. TALBERT 22 United States Attorney

MATTHEW W. PILE

23 Associate General Counsel Social Security Administration 24

25 By: Edmund Darcher

EDMUND DARCHER

26 Special Assistant U.S. Attorney Attorneys for Defendant 27 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 3 || Fees (ECF No. 23), IT IS ORDERED that fees in the amount of $7,000.00 as authorized by 28 4 U.S.C. § 2412, and no costs under 28 U.S.C. § 1920, are awarded subject to the terms of the 5 Stipulation. Given the parties’ stipulation, the Clerk of Court is respectfully directed to terminate as 6 pending Plaintiff's motion for attorney fees. (ECF No. 20). 7 IT IS SO ORDERED. 8 o|| Dated: _ July 8, 2024 [JF ey

UNITED STATES MAGISTRATE JUDGE

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