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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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9 CHRISTINE FATHE RUSH, Case No. 1:24-cv-00772-EPG

10 Plaintiff, STIPULATION FOR THE AWARD AND

PAYMENT OF ATTORNEY FEES AND

11 v. EXPENSES PURSUANT TO THE EQUAL 12 ACCESS TO JUSTICE ACT; ORDER MARTIN J. O’MALLEY, Commissioner 13 of Social Security, (ECF No. 19)

14 Defendant. 15 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 16 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount 17 of $7,500.00, under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 18 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of 19 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d), 20 1920. 21 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 22 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 23 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 24 whether the fees are subject to any offset allowed under the United States Department of the 25 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 26 whether they are subject to any offset. 27 28

1 1 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 2 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 3 and costs to be made directly to Plaintiff’s counsel, Francesco Benavides, pursuant to the assignment 4 executed by Plaintiff. Payments may be made by electronic fund transfer (EFT) or by check. 5 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 6 fees and does not constitute an admission of liability on the part of Defendant under the EAJA or 7 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 8 and all claims that Plaintiff and/or Francesco Benavides, including the Law Offices of Francesco 9 Benavides, may have relating to EAJA attorney fees in connection with this action. 10 This award is without prejudice to the rights of Francesco Benavides to seek Social Security 11 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 12

13 Respectfully submitted, 14

15 Dated: December 2, 2024 Law Offices of Francesco Benavides 16

17 By: /s/ Francesco Benavides

FRANCESCO P. BENAVIDES

18 Attorney for Plaintiff

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21 Dated: December 2, 2024 PHILLIP A. TALBERT 22 United States Attorney 23 MATHEW W. PILE Associate General Counsel 24 Social Security Administration

25 By: Erin Jurrens* 26 ERIN JURRENS Special Assistant U.S. Attorney 27 Attorneys for Defendant 28 (*Permission to use electronic signature obtained via email on December 2, 2024). 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 3 || Fees and Expenses, IT IS ORDERED that fees and expenses in the amount of $7,500.00 as 4 || authorized by 28 U.S.C. § 2412, and no costs under 28 U.S.C. § 1920, be awarded subject to the terms 5 || of the Stipulation. 6 IT IS SO ORDERED. 7 g|| Dated: _December 3, 2024_ ___ [sf vey 9 UNITED STATES MAGISTRATE JUDGE

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