2:26-cv-02184•(SS) Smith v. Commissioner of Social Security
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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
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