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, Brittany Awes-Taylor 7

8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 11 12 Brittany Awes-Taylor, Case No. 1:24-cv-00707-BAM

13 Plaintiff, STIPULATION FOR THE AWARD 14 AND PAYMENT OF ATTORNEY v. FEES AND EXPENSES PURSUANT 15 TO THE EQUAL ACCESS TO 16 Carolyn Colvin1, ACTING JUSTICE ACT; ORDER COMMISIONER OF SOCIAL 17 SECURITY, 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 SIX THOUSAND DOLLARS AND 22 00/100 ($6,000.00) 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 Carolyn Colvin became the Commissioner of Social Security on November 30, 26 2024. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn Colvin should be substituted for Martin O’Malley as the defendant in this suit. No further 27 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. 5 After the Court issues an order for EAJA fees to Plaintiff, the government will 6 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 7 Astrue v. Ratliff,

,

,

(2010), the ability 8 to honor the assignment will depend on whether the fees are subject to any offset 9 allowed under the United States Department of the Treasury’s Offset Program. After 10 the order for EAJA fees is entered, the government will determine whether they are 11 subject to any offset. 12 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 13 determines that Plaintiff does not owe a federal debt, then the government shall cause 14 the payment of fees, expenses and costs to be made directly to Jonathan O. Peña- 15 16 Mancinas, pursuant to the assignment executed by Plaintiff. Any payments may be 17 made by electronic fund transfer (EFT) or by check and shall be delivered to Jonathan 18 O. Peña-Mancinas. 19 This stipulation constitutes a compromise settlement of Plaintiff’s request for 20 EAJA attorney fees, and does not constitute an admission of liability on the part of 21 Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute 22 a complete release from, and bar to, any and all claims that Plaintiff and/or Jonathan O. 23 Peña-Mancinas, including Peña & Bromberg, PLC, may have relating to EAJA 24 attorney fees in connection with this action. 25 The parties further agree that the EAJA award is without prejudice to the right of 26 Plaintiff’s attorney to seek attorney fees pursuant to Social Security Act § 206(b), 42 27

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

2412(c)(1) (2006). 3 Respectfully submitted, 4

5 Dated: January 21, 2025 /s/ Jonathan O. Peña 6 J ONATHAN O. PEÑA Attorney for Plaintiff 7

8 Dated: January 21, 2025 PHILLIP A. TALBERT 9 United States Attorney MATHEW W. PILE 10 Associate General Counsel 11 Office of Program Litigation Social Security Administration 12

13 By: _*_Mary Tsai Mary Tsai 14 Special Assistant U.S. Attorney 15 Attorneys for Defendant (*Permission to use electronic signature 16 obtained via email on January 21, 2025). 17

18

19 20 21 22 23 24 25 26 27 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’”), IT IS ORDERED that fees and expenses in the amount of SIX THOUSAND

7 | 90/100 ($6,000.00) as authorized by the Equal Access to Justice Act (EAJA), 28 U.S.C. 8 || § 2412(d), be awarded subject to the terms of the Stipulation. 9 10 IT IS SO ORDERED. sa, ———— wet OY 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _4-