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, Yolanda Panduro 7

8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 11 12 Yolanda Panduro, Case No. 2:23-cv-02865-JDP

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, Commissioner of JUSTICE ACT; |PROPOSED| ORDER 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 FIVE THOUSAND THREE HUNDRED 22 DOLLARS AND 00/100 ($5,300.00) under the Equal Access to Justice Act (EAJA), 28

(d), and costs in the amount of FOUR HUNDRED AND FIVE 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 DOLLARS AND 0/100 ($405.00) under

. This amount represents 2 compensation for all legal services rendered on behalf of Plaintiff by counsel in 3 connection with this civil action, in accordance with

, 2412(d). 4 After the Court issues an order for EAJA fees to Plaintiff, the government will 5 consider the matter of any assignment of EAJA fees by Plaintiff to her counsel Jonathan 6 Pena (Counsel). Pursuant to Astrue v. Ratliff,

,

, 177

(2010), the ability to honor the assignment will depend on whether the fees 8 are subject to any offset allowed under the United States Department of the Treasury’s 9 Offset Program. After the order for EAJA fees is entered, the government will 10 determine whether they are subject to any offset. 11 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 12 determines that Plaintiff does not owe a federal debt, then the government shall cause 13 the payment of fees, expenses and costs to be made directly to Counsel pursuant to an 14 assignment executed by Plaintiff. Any payments made shall be delivered to Counsel. 15 16 This stipulation constitutes a compromise settlement of Plaintiff’s request for 17 EAJA attorney fees, and does not constitute an admission of liability on the part of 18 Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute 19 a complete release from, and bar to, any and all claims that Plaintiff and/or Counsel 20 including Counsel’s firm may have relating to EAJA attorney fees in connection with 21 this action. 22 The parties further agree that the EAJA award is without prejudice to the right of 23 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). 26

27 Respectfully submitted, 1

2 Dated: September 30, 2024 /s/ Jonathan O. Peña J ONATHAN O. PEÑA 3 Attorney for Plaintiff 4

5 Dated: September 30, 2024 PHILLIP A. TALBERT United States Attorney 6 MATHEW W. PILE 7 Associate General Counsel 8 Office of Program Litigation Social Security Administration 9 10 By: _*_Marcelo N. Illarmo Marcelo N. Illarmo 11 Special Assistant U.S. Attorney 12 Attorneys for Defendant (*Permission to use electronic signature 13 obtained via email on Sept 30, 2024). 14

15

16 17 18 19 20 21 22 23 24 25 26 27 1 {}PROPOSED! ORDER 2 3 Based upon the parties’ Stipulation for the Award and Payment of Equal Access 4 || to Justice Act Fees and Expenses (the “Stipulation’”), 5 IT IS ORDERED that fees and expenses in the amount of FIVE THOUSAND 6 7 | THREE HUNDRED DOLLARS AND 00/100 ($5,300.00) as authorized by the Equal 8 || Access to Justice Act (EAJA),

(d) and costs in the amount of FOUR 9 HUNDRED AND FIVE DOLLARS AND 0/100 ($405.00) under

, be 10 1] || awarded subject to the terms of the Stipulation. 12 13 IT IS SO ORDERED. 14 ( — Dated: _ December 2, 2024 15 JEREMY D. PETERSON 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 -A-