1 Jonathan O. Peña, Esq. 2 CA Bar ID No.: 278044 Peña & Bromberg, PLC 3 2440 Tulare St., Ste. 320 4 Fresno, CA 93721 Telephone: 559-439-9700 5 Facsimile: 559-439-9723 6 Email: [email protected] Attorney for Plaintiff, Carolyn Paragas Corpuz 7

8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 11 12 CAROLYN PARAGAS CORPUZ, Case No. 2:22-cv-01785-CKD

13 Plaintiff, STIPULATION FOR THE AWARD 14 AND PAYMENT OF ATTORNEY v. FEES AND EXPENSES PURSUANT 15 TO THE EQUAL ACCESS TO 16 KILOLO KIJAKAZI, Acting JUSTICE ACT; ORDER Commissioner of Social Security, 17 18 Defendant. 19 IT IS HEREBY STIPULATED by and between the parties through their 20 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 21 attorney fees and expenses in the amount of FOUR THOUSAND SIX HUNDRED 22 AND FOUR DOLLARS AND 99/100 ($4,604.99) under the Equal Access to Justice 23 Act (EAJA),

(d), and costs in the amount of zero dollars ($0.00) under 24

. This amount represents compensation for all legal services rendered 25 on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 26

, 2412(d). 27 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,

,

,

(2010), the ability 4 to honor the assignment will depend on whether the fees are subject to any offset 5 allowed under the United States Department of the Treasury’s Offset Program. After 6 the order for EAJA fees is entered, the government will determine whether they are 7 subject to any offset. 8 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 9 determines that Plaintiff does not owe a federal debt, then the government shall cause 10 the payment of fees, expenses and costs to be made directly to Counsel, pursuant to 11 the assignment executed by Plaintiff. Any payments made shall be delivered and 12 made payable to Plaintiff’s counsel, Jonathan O. Peña. 13 Plaintiff’s net worth did not exceed $2,000,000.00 when this action was filed. 14 This stipulation constitutes a compromise settlement of Plaintiff’s request for 15 EAJA attorney fees, and does not constitute an admission of liability on the part of 16 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 17 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 18 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 19 connection with this action. 20 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 21 to seek Social Security Act attorney fees under

(b), subject to the 22 savings clause provisions of the EAJA. 23 Respectfully submitted, 24

25 Dated: August 22, 2023 /s/ Jonathan O. Peña 26 27 1 JONATHAN O. PENA Attorney for Plaintiff 2 3 || Dated: August 22, 2023 PHILLIP A. TALBERT 4 United States Attorney MATHEW W. PILE 5 Associate General Counsel 6 Office of Program Litigation Social Security Administration 7 8 By: _* Geralyn Gulseth Geralyn Gulseth 9 Special Assistant U.S. Attorney 10 Attorneys for Defendant (*Permission to use electronic signature Il obtained via email on August 22, 2023 ). 12 13 ORDER 14 15 Based upon the parties’ Stipulation for the Award and Payment of Equal Access 16 || to Justice Act Fees and Expenses (the “Stipulation”), 17 IT IS ORDERED that fees and expenses in the amount of FOUR THOUSAND 18 19 || SEX HUNDRED AND FOUR DOLLARS AND 99/100 ($4,604.99) as authorized by 20 the Equal Access to Justice Act (EAJA),

(d) and costs in the amount o 21 9 zero dollars ($0.00) under

, be awarded subject to the terms of the

73 || Stipulation. IT IS SO ORDERED. 24! Dated: August 24, 2023 ok) pt fhe 95 Asi iA. Le CAROLYN K. DELANEY ' 26 UNITED STATES MAGISTRATE JUDGE 27 28 -3-