1 Melissa Newel (CA SB#148563)

NEWEL LAW

2 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94705 3 (510)316-3827 4 mnewel@newellawfirm.com 5 Attorney for Plaintiff

ALETHIA LYNN BESTENHEIDER

6 7 PHILLIP A. TALBERT United States Attorney 8 MATHEW W. PILE Associate General Counsel 9 Office of Program Litigation, Office 7 Social Security Administration 10

NOAH SCHABACKER

11 6401 Security Boulevard Baltimore, Maryland 21235 12 (303)844-6232 Noah.Schabacker@ssa.gov 13 Attorneys for Defendant 14

UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

16 17 ALETHIA LYNN BESTENHEIDER, No. 1:24-cv-00313-SAB 18 Plaintiff, 19 v. STIPULATION AND ORDER FOR 20 AWARD AND PAYMENT OF

MARTIN O’MALLEY1, ATTORNEYS FEES PURSUANT TO THE

21 COMMISSIONER OF EQUAL ACCESS TO JUSTICE ACT (28 SOCIAL SECURITY, U.S.C. §2412(d)) 22 Defendant. (ECF No. 21) 23 24 25 26 27 1 Pursuant to Rule 25(d)(1) of the Federal Rules of Civil Procedure and 42 U.S.C. §405(g), Martin 28 O’Malley is hereby substituted as the named defendant in the above-captioned action. 1 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 2 attorneys, subject to the approval of the Court, that Alethia Lynn Bestenheider (“Plaintiff”) be 3 awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412 (d), in the 4 amount of nine thousand two hundred and nine dollars and ninety-four cents ($9,209.94). This 5 represents compensation for legal services rendered on behalf of Plaintiff by counsel in 6 connection with this civil action, in accordance with 28 U.S.C. §2412 (d). 7 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 8 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 9 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 10 attorney fees are subject to any offset allowed under the United States Department of the 11 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 12 determine whether they are subject to any offset. 13 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 14 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 15 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 16 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 17 made shall be delivered to Plaintiff’s counsel by electronic transfer. 18 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 19 attorney fees and does not constitute an admission of liability on the part of Defendant under 20 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 21 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 22 and expenses in connection with this action. 23 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 24 Act attorney fees under 42 U.S.C. §406(b), subject to the provisions of the EAJA. 25 /// 26 /// 27 /// 28 /// 1 2 Respectfully submitted, 3 | Dated: September 30, 2024 NEWEL LAW 4 5 By: Melissa Newel Melissa Newel 6 Attorney for Plaintiff

ALETHIA LYNN BESTENHEIDER

7 8 Dated: September 30, 2024 PHILLIP A. TALBERT 9 United States Attorney

MATHEW W. PILE

10 Associate General Counsel Office of Program Litigation, Office 7 11 Social Security Administration By: Noah Schabacker* 13 NOAH SCHABACKER (*Authorized by email dated 09/30/2024 14 Special Assistant U.S. Attorney 15 Attorneys for Defendant

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ORDER

18 IT IS HEREBY ORDERED that fees and expenses in the amount of nine thousand two 19 hundred and nine dollars and ninety-four cents ($9,209.94) as authorized by 28 U.S.C. § 2412 are 20 awarded subject to the terms of the stipulation. 21

IT IS SO ORDERED.

22 Af 93 | Dated: September 30, 2024

UNITED STATES MAGISTRATE JUDGE

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