(SS) Smith v. Commissioner of Social Security

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ANDREA BANKS, CSBN 275286
Law office of Andrea Banks, LLC
1819 SW 5th Avenue, #281
Portland, OR 97201
Tel: 971-351-6036
Andrea@BanksDisabilityLaw.com
Attorney for Plaintiff
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION
MARQUES SMITH 	)
)
Plaintiff, 	) 	Case No. 2:26-cv-02184-SCR
)
v. 	)
) 	STIPULATION FOR THE AWARD OF
COMMISSIONER OF SOCIAL 	) 	ATTORNEY FEES PURSUANT TO
SECURITY ADMINISTRATION, 	) 	THE EQUAL ACCESS TO JUSTICE
) 	ACT, 28 U.S.C. § 2412(d) & COSTS
) 	PERUSANT TO 28 U.S.C. § 1920; ORDER
Defendant. 	)
_______________________________ 	)
It is hereby stipulated by and between the parties, through their undersigned counsel, and
subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the
amount of Three Thousand Four Hundred and Eighty-Six Dollars and Sixty-Two Cents ($3,486.62)
pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 and costs in the amount of zero
dollars ($0), pursuant to 28 U.S.C. § 1920. The parties stipulate that the position of the United States
was not substantially justified in this case, and therefore, Plaintiff is entitled to attorney fees pursuant
to EAJA.
Case 2:26-cv-02184-SCR Document 14 Filed 10/13/26 Page 1 of 3

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Such attorney fees shall be subject to verification that Plaintiff has no debt which qualifies for
offset, pursuant to the Treasury Offset Program as discussed in Astrue v. Ratliff, 130 S. Ct. 2521
(2010). If the U.S. Department of the Treasury determines that Plaintiff’s EAJA fees are not subject
to any offset allowed under the Department of the Treasury’s Offset Program, then the check or
electronic funds transfer (EFT) for EAJA fees shall be made payable to Plaintiff’s attorney, Andrea
Banks, based upon Plaintiff’s assignment of these amounts to her. See Attached: Retainer & Fee
Agreement. If Plaintiff has a debt, then any remaining funds after offset shall be made payable to
Plaintiff and mailed to Counsel’s address.
This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney
fees and expenses and does not constitute an admission of liability on the part of Defendant under the
EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all
claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees and expenses
in connection with this action.
This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security Act
attorney fees under 42 U.S.C. § 406, subject to the savings clause provisions of the EAJA.
Respectfully submitted,
DATE: October 7, 2026 	By: 	/s/ Andrea Banks
ANDREA BANKS
Law office of Andrea Banks, LLC
Attorney for Plaintiff
DATE: October 7, 2026 	By: 	/s/ Roseanne Gillette*
ROSEANNE GILLETTE
*As authorized by email on 10/7/26
Special Assistant United States Attorney
Attorney for Defendant
Case 2:26-cv-02184-SCR Document 14 Filed 10/13/26 Page 2 of 3

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ORDER
Based upon the parties’ Stipulation for the Award and Payment of EAJA Fees and Expenses
(the “Stipulation”):
IT IS ORDERED, that fees in the amount of Three Thousand Four Hundred and Eighty-Six
Dollars and Sixty-Two Cents ($3,486.62) pursuant to the Equal Access to Justice Act, 28 U.S.C. §
2412 and costs in the amount of zero dollars ($0), pursuant to 28 U.S.C. § 1920 be awarded subject to
the terms of the Stipulation.
DATED: October 13, 2026
Case 2:26-cv-02184-SCR Document 14 Filed 10/13/26 Page 3 of 3