1 Francesco Benavides, CSBN 258924 Law Offices of Francesco Benavides 2 1990 N. California Blvd. 8th Floor Walnut Creek, CA 94596 3 Tel: (925) 222-7071 4 Email: francesco@benavidesdisabilitylaw.com

5 Attorney for Plaintiff 6 SHANNA MARIE BERMODES

7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9 10 SACRAMENTO DIVISION 11 SHANNA MARIE BERMODES, Case No. 2:25-cv-00153-CKD 12 13 Plaintiff, STIPULATION FOR THE AWARD AND

PAYMENT OF ATTORNEY FEES AND

14 v. EXPENSES PURSUANT TO THE 15 EQUAL ACCESS TO JUSTICE ACT;

COMMISSIONER OF SOCIAL ORDER

16 SECURITY, 17 Defendant. 18 19 IT IS HEREBY STIPULATED by and between the parties through their 20 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 21 attorney fees and expenses in the amount of $8,229.77, under the Equal Access to 22 Justice Act (EAJA), 28 U.S.C. § 2412(d), and $405.00 in costs under 28 U.S.C. § 1920. 23 This amount represents compensation for all legal services rendered on behalf of 24 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. 25 §§ 2412(d), 1920. 26 After the Court issues an order for EAJA fees to Plaintiff, the government will 27 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 1 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 2 to honor the assignment will depend on whether the fees are subject to any offset 3 allowed under the United States Department of the Treasury’s Offset Program. After 4 the order for EAJA fees is entered, the government will determine whether they are 5 subject to any offset. 6 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 7 determines that Plaintiff does not owe a federal debt, then the government shall cause 8 the payment of fees, expenses and costs to be made directly to Plaintiff’s counsel, 9 Francesco Benavides, pursuant to the assignment executed by Plaintiff. Payments 10 may be made by electronic fund transfer (EFT) or by check. 11 This stipulation constitutes a compromise settlement of Plaintiff’s request for 12 EAJA attorney fees and does not constitute an admission of liability on the part of 13 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 14 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 15 Francesco Benavides, including the Law Offices of Francesco Benavides, may have 16 relating to EAJA attorney fees in connection with this action. 17 This award is without prejudice to the rights of Francesco Benavides to seek 18 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings 19 clause provisions of the EAJA. 20

21 Respectfully submitted, 22

23 Dated: July 15, 2025 Law Offices of Francesco Benavides 24 By: /s/ Francesco Benavides 25

FRANCESCO P. BENAVIDES

26 Attorney for Plaintiff

27 1

2 Dated: July 15, 2025 MICHELLE BECKWITH 3 Acting United States Attorney 4 MATHEW W. PILE Associate General Counsel 5 Social Security Administration 6 By: David Priddy* 7

DAVID PRIDDY

8 Special Assistant U.S. Attorney 9 Attorneys for Defendant (*Permission to use electronic signature 10 obtained via email on July 14, 2025). 11

12

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access 3 to Justice Act Fees and Expenses, IT IS ORDERED that: 4 5 1. The parties’ Stipulation for Award and Payment of Attorney pursuant to the 6 Equal Access to Justice Act (ECF No. 15) is GRANTED; and 7 2. Fees and expenses in the amount of $8,229.77 as authorized by 28 U.S.C. § 8 9 2412, and $405.00 in costs under 28 U.S.C. § 1920, be awarded subject to the 10 terms of the Stipulation. 11 12 A. ge fie Dated: July 16, 2025 Card ll. -4o-, 8 CAROLYN K. DELANEY 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-