1 Francesco Benavides, CSBN 258924 Law Offices of Francesco Benavides 2 1990 N. California Blvd. Suite 20 Walnut Creek, CA 94596 3 Tel: (925) 222-7071 4 Fax: (925) 522-5306 Email: francesco@benavidesdisabilitylaw.com 5

6 Attorney for Plaintiff

DAVID KEITH MCTHORN

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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12 DAVID KEITH MCTHORN, Case No.1:22-cv-01650-GSA 13 Plaintiff, STIPULATION FOR THE AWARD AND 14 PAYMENT OF ATTORNEY FEES AND 15 v. EXPENSES PURSUANT TO THE

EQUAL ACCESS TO JUSTICE ACT;

16 KILOLO KIJAKAZI, Acting ORDER 17 Commissioner of Social Security,

18 Defendant. 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 $5,750.00, under the Equal Access to 22 Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This 23 amount represents compensation for all legal services rendered on behalf of Plaintiff by 24 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d), 25 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. 10 This stipulation constitutes a compromise settlement of Plaintiff’s request for 11 EAJA attorney fees and does not constitute an admission of liability on the part of 12 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 13 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 14 Francesco Benavides, including the Law Offices of Francesco Benavides, may have 15 relating to EAJA attorney fees in connection with this action. 16 This award is without prejudice to the rights of Francesco Benavides to seek 17 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings 18 clause provisions of the EAJA. 19

20 Respectfully submitted, 21

22 Dated: August 17, 2023 Law Offices of Francesco Benavides 23 By: /s/ Francesco Benavides 24

FRANCESCO P. BENAVIDES

25 Attorney for Plaintiff

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27 1 Dated: August 17, 2023 PHILLIP A. TALBERT 2 United States Attorney

MATTHEW W. PILE

3 Associate General Counsel 4 Social Security Administration

5 By: Marcelo Illarmo* 6 MARCELO ILLARMO Special Assistant U.S. Attorney 7 Attorneys for Defendant 8 (*Permission to use electronic signature 9 obtained via email on August 17, 2023).

10 11 Based on the parties’ Stipulation for the Award and Payment of Equal Access to 12 Justice Act Fees and Expenses, IT IS ORDERED that fees and expenses in the amount 13 of $5,750.00 as authorized by 28 U.S.C. § 2412, and no costs under 28 U.S.C. § 1920, 14 15 be awarded subject to the terms of the Stipulation. 16 17

IT IS SO ORDERED.

18 Dated: August 17, 2023 /s/ Gary S. Austin 19

UNITED STATES MAGISTRATE JUDGE

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