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7 UNITED STATES DISTRICT COURT

8 EASTERN DISTRICT OF CALIFORNIA ) 9 ) 10 CHRISTOPHER LEE BOEK, ) Case No. 1:24-CV-00348-EPG ) 11 Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR AWARD OF ATTORNEY’S 12 v. ) FEES AND COSTS PURSUANT TO 13 ) 28 U.S.C. §§ 1920 AND 2412(d).

COMMISSINER OF SOCIAL )

14 SECRURITY, ) (ECF No. 24) ) 15 Defendant. ) 16 ) ) 17 ____________________________________)

18 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 19 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the 20 amount of EIGHT THOUSAND dollars and ZERO cents ($8,000.00) under the Equal Access to 21 Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of FOUR HUNDRED AND FIVE 22 dollars and ZERO cents ($405.00) under 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 23 accordance with 28 U.S.C. §§ 1920; 2412(d). 24 After the Court issues an order for payment of EAJA fees and expenses to Plaintiff, the 25 government will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to 26 Plaintiff’s attorney. The government’s ability to honor the assignment will depend on whether the 27 fees and expenses are subject to an offset allowed under the United States Department of the 28 1 Treasury’s Offset Program pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010). After the order of 2 EAJA fees and expenses is entered, the government will determine if they are subject to an offset. If it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset under 3 Astrue v. Ratliff, 130 S.Ct. 2521 (2010) and the Department of Treasury’s Offset Program, then the 4 check for EAJA fees and expenses shall be made payable to Jacqueline A. Forslund, based upon 5 Plaintiff’s assignment of these amounts to Plaintiff’s attorney. The check for costs shall be made 6 payable to Jacqueline A. Forslund because she paid the filing fees from her funds. 7 The parties agree that whether these checks are made payable to Plaintiff or Jacqueline A. 8 Forslund, such checks shall be mailed to Plaintiff’s attorney. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 10 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 11 and all claims that Plaintiff and/or Plaintiff’s Counsel may have relating to EAJA attorney fees in 12 connection with this action. 13

14 Respectfully submitted, 15 Date: February 11, 2025 JACQUELINE A. FORSLUND 16 Attorney at Law

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18 /s/Jacqueline A. Forslund

JACQUELINE A. FORSLUND

19 Attorney for Plaintiff

20 Date: February 11, 2025 PHILLIP A. TALBERT 21 United States Attorney

MATHEW W. PILE

22 Associate General Counsel Office of Program Litigation, Office 7 23

24 /s/Noah Schabaker 25 NOAH SCHABAKER Special Assistant United States Attorney 26 *By email authorization 27 Attorney for Defendant

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ORDER

2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Ac 3 Fees and Expenses (ECF No. 24), IT IS ORDERED that fees and expenses in the amount of EIGHT “ || THOUSAND FOUR-HUNDRED FIVE DOLLARS and 00/100 ($8,405.00) as authorized by the ° Equal Access to Justice Act (EAJA), 28 U.S.C. 8§ 1920, 2412(d), are awarded subject to the terms of © |) the Stipulation. 4 g IS SO ORDERED. || Dated: _ February 12, 2025 heey — 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28