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

POR THAO

6

7 PHILLIP A. TALBERT United States Attorney 8 MATHEW W. PILE (WS SB# 32245) Associate General Counsel 9 Office of Program Litigation, Office 7 Social Security Administration 10

JUSTIN L. MARTIN (MO SB# 62255)

11 Special Assistant United States Attorney 6401 Security Boulevard 12 Baltimore, MD 21235 (206) 615-3735 13 Justin.L.Martin@ssa.gov

14 Attorneys for Defendant 15

UNITED STATES DISTRICT COURT

16

EASTERN DISTRICT OF CALIFORNIA

17 18 19 POR THAO, No. 1:24-cv-00968 (SKO) 20 Plaintiff,

21 v. ORDER RE STIPULATION AND

UNOPPOSED MOTION FOR AWARD

22 COMMISSIONER OF AND PAYMENT OF ATTORNEYS FEES

SOCIAL SECURITY, PURSUANT TO THE EQUAL ACCESS TO

23 JUSTICE ACT (28 U.S.C. §2412(d)) Defendant. 24 (Doc. 15) 25 26 27 28 1 2 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 3 attorneys, subject to the approval of the Court, that Por Thao (“Plaintiff”) be awarded attorney 4 fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412 (d), in the amount of six 5 hundred and eleven dollars and fifty-five cents ($611.55). This represents compensation for legal 6 services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 7 accordance with 28 U.S.C. §2412 (d). 8 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 9 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 10 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 11 attorney fees are subject to any offset allowed under the United States Department of the 12 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 13 determine whether they are subject to any offset. 14 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 15 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 16 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 17 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 18 made shall be delivered to Plaintiff’s counsel, by check or by electronic transfer. 19 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 20 attorney fees and does not constitute an admission of liability on the part of Defendant under 21 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 22 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 23 and expenses in connection with this action. 24 /// 25 /// 26 /// 27 /// 28 /// 1 /// 2 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 3 Act attorney fees under 42 U.S.C. §406(b), subject to the provisions of the EAJA.

4 Respectfully submitted, 5 Dated: November 22, 2024 NEWEL LAW 6

7 By: Melissa Newel 8 Melissa Newel Attorney for Plaintiff 9 POR THAO

10

11 Dated: November 22, 2024 PHILLIP A. TALBERT United States Attorney 12 MATHEW W. PILE Associate General Counsel 13 Social Security Administration

14 By: Justin L. Martin* 15 JUSTIN L. MARTIN (*Authorized by email dated 11/22/2024) 16 Special Assistant U.S. Attorney Attorneys for Defendant 17

18

19 ORDER

20 IT IS HEREBY ORDERED that, pursuant to the Equal Access to Justice Act, 28 U.S.C. 21 §2412(d), attorney fees in the amount of six hundred and eleven dollars and fifty-five cents 22 ($611.55) be awarded subject to the terms of the Stipulation and Unopposed Motion (Doc. 15). 23

24

IT IS SO ORDERED.

25

26 Dated: November 25, 2024 /s/ Sheila K. Oberto .

UNITED STATES MAGISTRATE JUDGE

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