1 Jared Walker (SB#269029) P.O. Box 1777 2 Orangevale, CA 95662

T: (916) 476-5044

3 F: (916) 476-5064 jared@jwalker.law 4

5 Attorney for Plaintiff,

MAX GOUVEIA

6

7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 MAX GOUVEIA, Case No.: 2:23-cv-1442-JDP

10 Plaintiff,

STIPULATION AND PROPOSED ORDER

11 v. FOR THE AWARD OF ATTORNEY FEES

PURSUANT TO THE EQUAL ACCESS TO

12 MARTIN O’MALLEY, JUSTICE ACT, 28 U.S.C. § 2412 Commissioner of the Social Security 13 Administration,

14 Defendant.

15 16 IT IS HEREBY STIPULATED by and between the parties through their undersigned 17 counsel, subject to the approval of the Court, that Plaintiff be awarded attorneys’ fees in the above- 18 entitled action in the amount of $10,181.23 under the Equal Access to Justice Act (EAJA), 28 U.S.C. 19 § 2412(d), and $402.00 in costs under 28 U.S.C. § 1920. This amount represents compensation for 20 all legal services and expenses incurred on behalf of Plaintiff by counsel in connection with this 21 civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d). 22 Upon the Court’s issuance of an order granting EAJA fees to Plaintiff, the government will 23 determine the issue of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue 24 v. Ratliff, 560 U.S. 586, 597-598 (2010), the ability to honor the assignment will depend on if the 25 fees are subject to any offset allowed under the United States Department of the Treasury’s Offset 26 Program. After the order for EAJA fees is entered, the government will promptly determine whether 27 they are subject to any offset. 28 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 1 that Plaintiff does not owe a federal debt, then the government will cause the payment of fees to be 2 made directly to Plaintiff’s attorney, LAW OFFICE OF JARED T. WALKER, P.C., pursuant to the 3 assignment executed by Plaintiff. Any payments made to Plaintiff will be delivered to JARED T. 4 WALKER. 5 This stipulation constitutes a settlement of Plaintiff’s request for EAJA attorney fees and 6 does not constitute an admission of liability on the part of defendant under the EAJA or otherwise. 7 Payment of the agreed amount will constitute a complete release from, and bar to, any and all claims 8 that Plaintiff and/or Plaintiff’s attorney, including LAW OFFICE OF JARED T. WALKER, P.C., 9 may have relating to EAJA attorney fees in connection with this action. 10 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 11 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 12 Dated: November 19, 2024 Respectfully submitted, 13 /s/ Jared Walker

JARED WALKER,

14 Attorney for Plaintiff

15 SO STIPULATED: 16 PHILLIP A. TALBERT United States Attorney 17

18

19 By: /s/ *Julie A.K. Cummings

JULIE A.K. CUMMINGS

20 (*authorized by e-mail on 11/19/2024) Special Assistant United States Attorney 21

Attorneys for Defendant 22

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28 1

ORDER

3 Based upon the parties’ Stipulation for Award of Attorney Fees pursuant to the Equal Access 4 |! to Justice Act (EAJA), 5 IT IS ORDERED that Plaintiff is awarded $10,181.23 in fees under 28 U.S.C. § 2412(d), and 6 costs in the amount of $402.00 under 28 U.S.C. § 1920, subject to and in accordance with the terms 7 |! of the parties’ foregoing Stipulation. Plaintiffs motion for attorney fees, ECF No. 18, is denied as 8 unnecessary in light of the parties’ stipulation. 9 19 || If ISSO ORDERED. 11 ( _ Dated: _ November 20, 2024 q——— ae D. PETERSON 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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