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, Michael Dale Ellorin 7

8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 11 12 Michael Dale Ellorin, Case No. 1:24-cv-00580-SKO

13 Plaintiff, STIPULATION AND UNOPPOSED 14 MOTION FOR THE AWARD AND v. PAYMENT OF ATTORNEY FEES 15 AND EXPENSES PURSUANT TO THE 16 Commissioner of Social Security, EQUAL ACCESS TO JUSTICE ACT; ORDER 17 Defendant. 18 (Doc. 17)

19 20 IT IS HEREBY STIPULATED by and between the parties through their 21 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 22 attorney fees and expenses in the amount of NINE THOUSAND DOLLARS AND 23 00/100 ($9,000.00) under the Equal Access to Justice Act (EAJA),

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

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

, 2412(d). 27 1 Plaintiff was the prevailing party in this matter and Plaintiff is an individual 2 whose net worth does not exceed $2,000,000 at the time the civil action was filed. 3 After the Court issues an order for EAJA fees to Plaintiff, the government will 4 consider the matter of Plaintiff’s assignment of EAJA fees to Jonathan O. Peña, 5 Plaintiff’s counsel. Pursuant to Astrue v. Ratliff,

,

, 6

(2010), the ability to honor the assignment will depend on whether the 7 fees are subject to any offset allowed under the United States Department of the 8 Treasury’s Offset Program. After the order for EAJA fees is entered, the government 9 will determine whether they are subject to any offset. 10 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 11 determines that Plaintiff does not owe a federal debt, then the government shall cause 12 the payment of fees, expenses and costs to be made directly to Jonathan O. Peña, 13 pursuant to the assignment executed by Plaintiff. . Any payments may be made by a 14 check or electronic fund transfer (EFT) and delivered to Plaintiff’s 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 Respectfully submitted, 27 1 Dated: December 11, 2024 /s/ Jonathan O. Peña J ONATHAN O. PEÑA 2 Attorney for Plaintiff 3 Dated: December 11, 2024 PHILLIP A. TALBERT 4 United States Attorney 5 MATHEW W. PILE Associate General Counsel 6 Office of Program Litigation 7 Social Security Administration 8 By: _*_Mary Tsai 9 Mary Tsai 10 Special Assistant U.S. Attorney Attorneys for Defendant 11 (*Permission to use electronic signature 12 obtained via email on December 11, 2024).

13 ORDER 14 Based upon the parties’ Stipulation and Unopposed Motion for the Award and 15 16 Payment of Equal Access to Justice Act Fees and Expenses (the “Stipulation”) (Doc. 17 17), 18 IT IS ORDERED that fees and expenses in the amount of NINE THOUSAND 19 20 DOLLARS AND 00/100 ($9,000.00) as authorized by the Equal Access to Justice Act 21 (EAJA),

(d) and costs in the amount of ZERO dollars ($0.00) under 28

, be awarded subject to the terms of the Stipulation. 23 24 25 IT IS SO ORDERED. 26 Dated: December 12, 2024 /s/ Sheila K. Oberto . 27 UNITED STATES MAGISTRATE JUDGE