The opinion
1 JPa.Ore.d B Woxa l1k7e7r 7(S B#269029)
2 Orangevale, CA 95662
T: (916) 476-5044
3 F: (916) 476-5064
jared@jwalker.law
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5 Attorney for Plaintiff,
THOMAS S. BROWN
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7 IN THE UNITED STATES DISTRICT COURT
8 EASTERN DISTRICT OF CALIFORNIA
9 THOMAS S. BROWN, Case No.: 2:23-cv-02902-AC
10 Plaintiff,
STIPULATION AND PROPOSED ORDER
11 v. FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
12 MARTIN O’MALLEY, JUSTICE ACT, 28 U.S.C. § 2412
Commissioner of the Social Security
13 Administration,
14 Defendant.
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16 IT IS HEREBY STIPULATED by and between the parties through their undersigned
17 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees, expenses, and
18 costs in the above-entitled action in the amount of $1,264.67 under the Equal Access to Justice Act
19 (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal services and
20 expenses incurred on behalf of Plaintiff by counsel in connection with this civil action.
21 Upon the Court’s issuance of an order granting EAJA fees to Plaintiff, the government will
22 determine the issue of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue
23 v. Ratliff, 560 U.S. 586, 597-598 (2010), the ability to honor the assignment will depend on if the
24 fees are subject to any offset allowed under the United States Department of the Treasury’s Offset
25 Program. After the order for EAJA fees is entered, the government will determine whether they are
26 subject to any offset.
27 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines
28 that Plaintiff does not owe a federal debt, then the government will cause the payment of fees to be
1 made directly to Plaintiff’s attorney, LAW OFFICE OF JARED T. WALKER, P.C., pursuant to the
2 assignment executed by Plaintiff. Any payments made to Plaintiff will be delivered to JARED T.
3 WALKER and may be made by electronic funds transfer (EFT) or by check.
4 This stipulation constitutes a settlement of Plaintiff’s request for EAJA attorney fees and
5 does not constitute an admission of liability on the part of defendant under the EAJA or otherwise.
6 Payment of the agreed amount will constitute a complete release from, and bar to, any and all claims
7 that Plaintiff and/or Plaintiff’s attorney, including LAW OFFICE OF JARED T. WALKER, P.C.,
8 may have relating to EAJA attorney fees in connection with this action.
9 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security
10 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
11 Dated: May 9, 2024 Respectfully submitted,
12 /s/ Jared Walker
JARED T. WALKER,
13 Attorney for Plaintiff
14 SO STIPULATED:
15 PHILLIP A. TALBERT
United States Attorney
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18 By: /s/ *Justin L. Martin
JUSTIIN L. MARTIN
19 (*authorized by e-mail on 5/09/2024)
Special Assistant United States Attorney
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Attorneys for Defendant
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1 ORDER
2 Based upon the parties’ Stipulation for Award of Attorney Fees pursuant to the Equal Access
3 || to Justice Act (EAJA),
4 IT IS ORDERED that Plaintiff is awarded $1,264.67 in fees and expenses under 28 U.S.C. §
5 || 2412(d), inclusive of all amounts claimed, subject to and in accordance with the terms of the parties’
6 || foregoing Stipulation.
7 || Dated: May 20, 2024 ~
8 Chthtenr— LMhane_
ALLISON CLAIRE
9 UNITED STATES MAGISTRATE JUDGE
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GANDIT ATTIART ARITA DDADACENADHLD LAD