The opinion
1 Francesco Benavides, CSBN 258924
Law Offices of Francesco Benavides
2 1990 N. California Blvd. 8th Floor
Walnut Creek, CA 94596
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Tel: (925) 222-7071
4 Email: francesco@benavidesdisabilitylaw.com
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Attorney for Plaintiff
6 KEISHA BROWN
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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10 SACRAMENTO DIVISION
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KEISHA BROWN, Case No. 2:25-cv-01422-JDP
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13 Plaintiff, STIPULATION FOR THE AWARD AND
PAYMENT OF ATTORNEY FEES AND
14 v. EXPENSES PURSUANT TO THE
15 EQUAL ACCESS TO JUSTICE ACT;
FRANK BISIGNANO, [PROPOSED] ORDER
16 Commissioner of Social Security,
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Defendant.
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IT IS HEREBY STIPULATED by and between the parties through their
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undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded
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attorney fees and expenses in the amount of $9,600.00, under the Equal Access to
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Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This
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amount represents compensation for all legal services rendered on behalf of Plaintiff by
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counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d),
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25 1920.
26 The parties stipulate that the position of the United States was not substantially
27 justified in this case, and therefore, Plaintiff is entitled to attorney fees pursuant to
1 After the Court issues an order for EAJA fees to Plaintiff, the government will
2 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to
3 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability
4 to honor the assignment will depend on whether the fees are subject to any offset
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allowed under the United States Department of the Treasury’s Offset Program. After
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the order for EAJA fees is entered, the government will determine whether they are
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subject to any offset.
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Fees shall be made payable to Plaintiff, but if the Department of the Treasury
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determines that Plaintiff does not owe a federal debt, then the government shall cause
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the payment of fees, expenses and costs to be made directly to Plaintiff’s counsel,
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Francesco Benavides, pursuant to the assignment executed by Plaintiff.
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Payments may be made by electronic funds transfer (EFT) or by check.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for
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EAJA attorney fees and does not constitute an admission of liability on the part of
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Defendant under the EAJA or otherwise. Payment of the agreed amount shall
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constitute a complete release from, and bar to, any and all claims that Plaintiff and/or
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Francesco Benavides, including the Law Offices of Francesco Benavides, may have
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relating to EAJA attorney fees in connection with this action.
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This award is without prejudice to the rights of Francesco Benavides to seek
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Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings
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clause provisions of the EAJA.
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Respectfully submitted,
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24 Dated: July 10, 2026 Law Offices of Francesco Benavides
25 By: /s/ Francesco Benavides
26 FRANCESCO P. BENAVIDES
Attorney for Plaintiff
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1 Dated: July 10, 2026 ERIC GRANT
United States Attorney
2 MATHEW W. PILE
Head of Program Litigation 1
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Social Security Administration
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By: /s/ Margaret Branick-Abilla*
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MARGARET BRANICK-ABILLA
6 Special Assistant U.S. Attorney
Attorneys for Defendant
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(*Permission to use electronic signature
8 obtained via email on July 10, 2026).
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1 {PROPOSED} ORDER
2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access
to Justice Act Fees and Expenses, IT IS ORDERED that fees and expenses in the
5 || amount of $9,600.00 as authorized by 28 U.S.C. § 2412, and no costs under 28 U.S.C.
6 || § 1920, be awarded subject to the terms of the Stipulation.
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9 IT IS SO ORDERED.
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Dated: _ July 14, 2026 q——_—
11 We D. PETERSON
12 UNITED STATES MAGISTRATE JUDGE
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