1 || HARVEY P. SACKETT (72488) 2

AND ASSOCIATES

3 A PROFESSIONAL LAW CORP. 4 ||548 Market Street, Suite 38822 San Francisco, California 94104-5401 5 || Telephone: (408) 295-7755 Facsimile: (408) 295-7444 © || Email: hps@sackettlaw.com 7 Attorney for Plaintiff 8 || HPS/as 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 || NINH C. MAI, ) Case No.: 3:22-cv-07344-LJC 13 ) Plaintiff, ) STIPULATION AND ORDER FOR 14 THE AWARD AND PAYMENT

V. ) OF ATTORNEY FEES

15 ) | PURSUANT TO THE EQUAL 16 ) ACCESS TO JUSTICE ACT, 28 KILOLO KUAKAZL, ) U.S.C. § 2412(d) 17 || Acting Commissioner of Social Security, ) ) 18 Defendant. 19 iS 20 21 On June 20, 2023, this Court issued an order reversing the final decision of the 22 || Defendant, Kilolo Kijakazi, the Acting Commissioner of Social Security (Commissioner), with 23 ||a remand for rehearing, 42 U.S.C. § 405(g) (sentence four); judgment was entered. 4 In the interest of administrative and judicial economy, the parties have agreed to 25 || stipulate that an award of THREE THOUSAND FOUR HUNDRED DOLLARS AND ZERO 26 ||CENTS ($3,400.00) in attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 27 28

KETT

|| SEIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES treet, Suite 38822. | PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)

1 2412(d), is reasonable. This award is without prejudice to Plaintiff’s right to seek attorney’s 2 || fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to the offset 3 provisions of the EAJA. However, this award shall constitute a complete release from and bar 4 llto any claims Plaintiff may have relating to EAJA fees and costs. 5 After the Court issues an order for EAJA fees to Plaintiff, the Government will 6 || consider the matter of Plaintiff's assignment of EAJA fees to Harvey P. Sackett (“Counsel”). 7 || Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor an assignment will 8 depend on whether the fees are subject to any offset allowed under the United States 9 Department of the Treasury’s Offset Program. After the order for EAJA is entered, the 10 |] Government will determine whether they are subject to offset. Fees shall be made payable to 11 |! Plaintiff, but if the Department of Treasury determines Plaintiff does not owe a federal debt, 12 || then the Government shall cause the payment of fees, expenses, and costs to be made payable 13 directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments made shall 14 || be delivered and made payable to Counsel. 15 Accordingly, Defendant agrees to pay Plaintiff $3,400.00 in attorney’s fees. Pursuant 16 |! to 28 U.S.C. § 1920, Defendant shall also reimburse Plaintiff $402.00 in costs for the filing 17 || fee to commence this action. 18 All parties whose signature lines appear in this document have consented to its filing. 19 |) This award is without prejudice to the rights of Sackett and Associates and/or Harvey P. 20 || Sackett to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 21 savings clause provisions of the EAJA. 22 23 || Dated: July 25, 2023 SACKETT AND ASSOCIATES 24 By: /s/ HARVEY P. SACKETT 25 HARVEY P. SACKETT Attorney for Plaintiff 26 NINH C. MAI 27 28 °

LAW CORP. STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES

treet, Suite 38822. | PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)

1 |) Dated: July 25, 2023 ISMAIL J. RAMSEY United States Attorney 3 By: /s/CASPAR CHAN

CASPAR CHAN

4 Special Assistant United States Attorney 5 Attorney for Defendant [*As authorized by email on 7/25/23] 6 7

ORDER

8 9 || Pursuant to the stipulation, IT IS SO ORDERED. 10 11 Dated: July 28, 2023 L . CI OSs ed States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ;

LAW CORP. STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES

treet, Suite 38822. | PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)