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 Email: francesco@benavidesdisabilitylaw.com 4 Attorney for Plaintiff 5

PATRICIA METZGER

6 7 UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

8

SACRAMENTO DIVISION

9

10 PATRICIA METZGER, Case No. 2:25-cv-01551-CSK

11 Plaintiff, STIPULATION FOR THE AWARD AND

PAYMENT OF ATTORNEY FEES AND

12 v. EXPENSES PURSUANT TO THE EQUAL 13 ACCESS TO JUSTICE ACT; ORDER FRANK BISIGNANO, Commissioner of 14 Social Security,

15 Defendant. 16 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 17 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount 18 of $7,900.00, under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and $405.00 in 19 costs under 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on 20 behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. 21 §§ 2412(d), 1920. 22 The parties stipulate that the position of the United States was not substantially justified in this 23 case, and therefore, Plaintiff is entitled to attorney fees pursuant to EAJA. 24 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 25 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 26 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 27 whether the fees are subject to any offset allowed under the United States Department of the 1 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 2 whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 4 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 5 and costs to be made directly to Plaintiff’s counsel, Francesco Benavides, pursuant to the assignment 6 executed by Plaintiff. 7 Payments may be made by electronic funds transfer (EFT) or by check. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 9 fees and does not constitute an admission of liability on the part of Defendant under the EAJA or 10 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 11 and all claims that Plaintiff and/or Francesco Benavides, including the Law Offices of Francesco 12 Benavides, may have relating to EAJA attorney fees in connection with this action. 13 This award is without prejudice to the rights of Francesco Benavides to seek Social Security 14 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 15 16 Respectfully submitted, 17 Dated: December 22, 2025 Law Offices of Francesco Benavides 18 By: /s/ Francesco Benavides 19 FRANCESCO P. BENAVIDES Attorney for Plaintiff 20

21 Dated: December 22, 2025 ERIC GRANT 22 United States Attorney

MATHEW W. PILE

23 Head of Program Litigation 1 Social Security Administration 24

25 By: Marcelo Illarmo*

MARCELO ILLARMO

26 Special Assistant U.S. Attorney Attorneys for Defendant 27 (*Permission to use electronic signature obtained via email on December 22, 2025). 1 {PROPOSED} ORDER Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 3 4 Fees and Expenses, IT IS ORDERED that fees and expenses in the amount of $7,900.00 as

5 authorized by 28 U.S.C. § 2412, and $405.00 in costs under 28 U.S.C. § 1920, be awarded subject to 6 || the terms of the Stipulation. 7

9 DATE: December 23, 2025

HON. CHI SOO KIM

10 UNITED STATES MAGISTRATE JUDGE 11 esk/metz1551.25_eaja 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-