1 || HARVEY P. SACKETT (72488) 2 □□□ □□□ 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: hps@sackettlaw.com 7 || Attorney for Plaintiff 8 || /as 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 1] SACRAMENTO DIVISION 12 NORA QUICHO, ) Case No.: 2:23-cv-02785-WBS-CKD ) 13 Plaintiff, ) STIPULATION AND ORDER FOR 14 ) THE AWARD AND PAYMENT OF v. ATTORNEY FEES PURSUANT TO 15 ) THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d 16 || MARTIN O’MALLEY,! 8 Commissioner of Social Security, ) 17 ) 12 Defendant. 19 20 On July 25, 2024, this Court issued an order reversing the final decision of the >] Defendant, Martin O’Malley, the Commissioner of Social Security (Commissioner), with a remand for a new decision, 42 U.S.C. § 405(g) (sentence four); judgment was entered. 23 || SAS 25 ||! Martin O’Malley became the Commissioner of Social Security on December 20, 2023. Pursuant to Rule 25(d)(1) of the Federal Rules of Civil Procedure, Martin O’ Malley should be substituted for Kilolo Kiyakazi as Defendant in this suit. No further action need be taken to 27 || continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 28

2 to an award of SEVEN THOUSAND EIGHT HUNDRED DOLLARS AND ZERO CENTS 3 ($7,800.00) in attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). 4 This amount represents compensation for all legal services rendered on behalf of Plaintiff by 5 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 6 However, this award shall constitute a complete release from and bar to any and all claims 7 Plaintiff, and/or Harvey P. Sackett (“Counsel”) including Sackett and Associates, may have 8 relating to EAJA fees and costs. Further, such award shall not be used as precedent in any future 9 cases. This stipulation constitutes a compromise settlement of [Plaintiff]’s request for EAJA 10 attorney fees, and does not constitute a concession by the Commissioner that the original 11 administrative decision denying benefits to Plaintiff was not substantially justified or an 12 admission of liability on the part of the Commissioner under the EAJA or otherwise. 13 After the Court issues an order for EAJA fees to Plaintiff, the Government will consider 14 the matter of Plaintiff’s assignment of EAJA fees to (“Counsel”). Pursuant to Astrue v. Ratliff, 15 560 U.S. 586 (2010), the ability to honor an assignment will depend on whether the fees are 16 subject to any offset allowed under the United States Department of the Treasury’s Offset 17 Program. After the order for EAJA is entered, the Government will determine whether they are 18 subject to offset. Fees shall be made payable to Plaintiff, but if the Department of Treasury 19 determines Plaintiff does not owe a federal debt, then the Government shall cause the payment of 20 fees, expenses, and costs to be made payable directly to Counsel, pursuant to the assignment 21 executed by Plaintiff. Any payments made shall be delivered and made payable to Counsel, and 22 may be made by electronic fund transfer (EFT) or by check. 23 Accordingly, Defendant agrees to pay Plaintiff $7,800.00 in attorney’s fees. 24 All parties whose signature lines appear in this document have consented to its filing. 25 This award is without prejudice to the rights of Sackett and Associates and/or Counsel to seek 26 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 27 provisions of the EAJA. 28 1 || Dated: August 20, 2024 SACKETT AND ASSOCIATES 2 By: /s/ HARVEY P. SACKETT 3 HARVEY P. SACKETT Attorney for Plaintiff 4 NORA QUICHO 5 Dated: August 21, 2024 PHILLIP TALBERT 6 United States Attorney 7 By: /s/MARY TSAI 8 MARY TSAI Special Assistant United States Attorney 9 Attorney for Defendant [*As authorized by email on 8/20/24] 10 1] ORDER 12 3 Pursuant to the stipulation, IT IS SOQ ORDERED. The stipulation at ECF No. 22 is

14 GRANTED and defendant shall pay Plaintiff $7,800.00 in EAJA fees as set forth above. Dated: 08/21/24 A ee fo 15 □□□ /L. i _ le (gp eng 16 CAROLYN K. DELANEY

UNITED STATES MAGISTRATE JUDGE

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