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

7 8 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 FRESNO DIVISION

10 GENE ANTHONY BERNARD, Case No. 1:23-cv-00091-EPG

11 Plaintiff, STIPULATION FOR THE AWARD AND 12 PAYMENT OF ATTORNEY FEES AND v. EXPENSES PURSUANT TO THE EQUAL 13 ACCESS TO JUSTICE ACT; ORDER MARTIN O’MALLEY1, 14 COMMISSIONER OF SOCIAL (ECF No. 22) 15 SECURITY,

16 Defendant. 17 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 18 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount 19 of FOUR THOUSAND EIGHT HUNDRED DOLLARS AND 00/100 ($4,800.00) under the Equal 20 Access to Justice Act (EAJA),

(d), and costs in the amount of ZERO dollars ($0.00) 21 under

. This amount represents compensation for all legal services rendered on behalf 22 of Plaintiff by counsel in connection with this civil action, in accordance with

, 23 2412(d). 24 25

26 1 Martin O’Malley became the Commissioner of Social Security on December 20, 2023. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Martin O’Malley should be substituted for Kilolo Kijakazi 27 as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence 1 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 2 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff,

, 3 598,

,

(2010), the ability to honor the assignment will depend on 4 whether the fees are subject to any offset allowed under the United States Department of the 5 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 6 whether they are subject to any offset. 7 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 8 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 9 and costs to be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any 10 payments made shall be delivered and made payable to Plaintiff’s counsel, Jonathan O. Peña. 11 Additionally, any payment of costs under

may be made either by electronic fund 12 transfer (ETF) or by check. 13 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 14 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 15 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 16 and all claims that Plaintiff and/or Counsel including Counsel’s firm may have relating to EAJA 17 attorney fees in connection with this action. 18 This award is without prejudice to the rights of Counsel and/or Counsel’s firm to seek Social 19 Security Act attorney fees under

(b), subject to the savings clause provisions of the 20 EAJA. 21 Respectfully submitted, 22

23 Dated: January 22, 2024 /s/ Jonathan O. Peña J ONATHAN O. PEÑA 24 Attorney for Plaintiff 25

26 Dated: January 22, 2024 PHILLIP A. TALBERT United States Attorney 27 MATHEW W. PILE Associate General Counsel 1 Office of Program Litigation Social Security Administration 2 By: _*_Zachary Berkoff-Cane 3 Zachary Berkoff-Cane Special Assistant U.S. Attorney 4 Attorneys for Defendant (*Permission to use electronic signature 5 obtained via email on January 22, 2024) 6

7

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 2 ORDER 3 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 4 Fees and Expenses (ECF No. 22), IT IS ORDERED that fees and expenses in the amount of FOUR 5 THOUSAND EIGHT HUNDRED DOLLARS AND 00/100 ($4,800.00) as authorized by the Equal 6 Access to Justice Act (EAJA),

(d) and costs in the amount of ZERO dollars ($0.00) 7 under 28 U.S.C. $1920, are awarded subject to the terms of the Stipulation. 8 I rr Is SO ORDERED. 9 19 | Dated: _January 23, 2024 [sf hey — UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-