1 Jonathan O. Peña, Esq. 2 CA Bar ID No.: 278044 Peña & Bromberg, PLC 3 3467 W. Shaw Ave., Ste 100 4 Fresno, CA 93711 Telephone: 559-439-9700 5 Facsimile: 559-439-9723 6 Email: [email protected] Attorney for Plaintiff, Douglas Lee Barkow 7

8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 11 12 DOUGLAS LEE BARKOW, Case No. 2:24-cv-00820-CKD

13 Plaintiff, STIPULATION FOR THE AWARD 14 AND PAYMENT OF ATTORNEY v. FEES AND EXPENSES PURSUANT 15 TO THE EQUAL ACCESS TO 16 MARTIN O’MALLEY1, 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 SEVEN THOUSAND FIVE HUNDRED 22 0/100 ($7,500.00) under the Equal Access to Justice Act (EAJA),

(d), 23 and costs in the amount of ZERO dollars ($0.00) under

. This amount 24 25 1 Martin O’Malley became the Commissioner of Social Security on December 26 20, 2023. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Martin O’Malley should be substituted for Kilolo Kijakazi as the defendant in this suit. No 27 further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act,

(g). 1 represents compensation for all legal services rendered on behalf of Plaintiff by counsel 2 in connection with this civil action, in accordance with

, 2412(d). 3 Plaintiff was the prevailing party in this matter and Plaintiff is an individual 4 whose net worth does not exceed $2,000,000 at the time the civil action was filed. The 5 position of the Commissioner was not substantially justified and an award of fees is not 6 unjust. 7 After the Court issues an order for EAJA fees to Plaintiff, the government will 8 consider the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. 9 Under Astrue v. Ratliff,

(2010), EAJA fees awarded by this 10 Court belong to the Plaintiff and are subject to offset under the Treasury Offset Program 11 (

(c)(3)(B) (2006)). Any EAJA fees should therefore be awarded to 12 Plaintiff and not to Plaintiff’s attorney. If, after receiving the Court’s EAJA fee order, 13 the Commissioner (1) determines that Plaintiff has assigned his right to EAJA fees to 14 his attorney; (2) determines that Plaintiff does not owe a debt that is subject to offset 15 16 under the Treasury Offset Program, and (3) agrees to waive the requirements of the 17 Anti-Assignment Act, then the EAJA fees will be made payable to Plaintiff’s attorney. 18 However, if there is a debt owed under the Treasury Offset Program, the Commissioner 19 cannot agree to waive the requirements of the Anti-Assignment Act, and the remaining 20 EAJA fees after offset will be paid by a check or electronic fund transfer (EFT) made 21 out to Plaintiff, but delivered to Plaintiff’s attorney. 22 This stipulation constitutes a compromise settlement of Plaintiff’s request for 23 EAJA attorney fees, and does not constitute an admission of liability on the part of 24 Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute 25 a complete release from, and bar to, any and all claims that Plaintiff and/or Counsel 26 including Counsel’s firm may have relating to EAJA attorney fees in connection with 27 this action. 1 The parties further agree that the EAJA award is without prejudice to the right of 2 Plaintiff’s attorney to seek attorney fees pursuant to Social Security Act § 206(b), 42

(b), subject to the offset provisions of the EAJA. See

2412(c)(1) (2006). 5 Respectfully submitted, 6

7 Dated: November 6, 2024 /s/ Jonathan O. Peña 8 J ONATHAN O. PEÑA Attorney for Plaintiff 9

10 Dated: November 6, 2024 PHILLIP A. TALBERT 11 United States Attorney MATHEW W. PILE 12 Associate General Counsel 13 Office of Program Litigation Social Security Administration 14

15 By: _*_Erin Jurrens Erin Jurrens 16 Special Assistant U.S. Attorney 17 Attorneys for Defendant (*Permission to use electronic signature 18 obtained via email on November 6, 2024). 19

20

21 22 23 24 25 26 27 ORDER 2 3 The parties’ Stipulation for the Award and Payment of Equal Access to Justice 4 | Act Fees and Expenses (ECF No. 18) is GRANTED. IT IS ORDERED that fees and expenses in the amount of SEVEN THOUSAND

7 || FIVE HUNDRED 0/100 ($7,500.00) as authorized by the Equal Access to Justice Act 8 || (EAJA),

(d), be awarded subject to the terms of the Stipulation. ° SO ORDERED. 10 11 D a PV a 1D ated: Nov. 8, 2024 Carp it La gm 13 CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-