1 UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

2

3 Ellen Marie McCormick, ) Case No.: 1:23-cv-01522-SKO ) 4 Plaintiff. ) STIPULATION AND UNOPPOSED ) MOTION FOR THE AWARD AND 5 vs. ) PAYMENT OF ATTORNEY FEES AND 6 Martin O’Mall e y, ) ) EXPENSES PURSUANT TO THE EQUAL ) ACCESS TO JUSTICE ACT; ORDER Commissioner of Social Security, 7 8 Defendant. (Doc. 25) 9

10 IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with 11 the approval of the Court as provided below, that Plaintiff be awarded attorney fees under the Equal 12 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of eleven thousand three hundred 13 seventy-two dollars and 38/00 [$11,372.38]. This amount represents compensation for all legal 14 services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 15 accordance with 28 U.S.C. §§ 1920, 2412(d). 16 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff, 17 130 S. Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on whether 18 the fees are subject to any offset allowed under the United States Department of the Treasury’s 19 Offset Program. After the order for EAJA fees is entered, the government will determine whether 20 they are subject to any offset. Fees shall be made payable to Plaintiff, but if the Department of the 21 Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the 22 payment of fees, to be made directly to Eddy Pierre Pierre and/or Pierre Pierre Law, P.C., pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 23 counsel. 24 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 25 attorney fees and does not constitute an admission of liability on the part of Defendant under the 26 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and 27 all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 28 connection with this action. 1 Dated: September 23, 2024 Respectfully Submitted, Pierre Pierre Law, P.C. 2

By: /s/ Nikhil Shreeham Agharkar 3 Attorney for Plaintiff 4 PHILLIP A. TALBERT United States Attorney 5 By: /s/ Gabriel Bono* 6 Gabriel Bono 7 Special Assistant United States Attorney Attorneys for Defendant 8 9 ORDER 10 Based upon the parties’ Stipulation for Award of EAJA Fees Pursuant to the Equal Access 11 to Justice Act 28 U.S.C. §2412(d) (the “Stipulation”) (Doc. 25), IT IS ORDERED that EAJA fees 12 are awarded in the amount of eleven thousand three hundred seventy-two dollars and 38/00 13 ($11,372.38), subject to the terms of the Stipulation. 14

IT IS SO ORDERED.

15

16 Dated: September 25, 2024 /s/ Sheila K. Oberto .

UNITED STATES MAGISTRATE JUDGE

17

18 19 20 21 22 23 24 25 26 27 28