MICHELE BECKWITH 1 Acting United States Attorney 2 MATHEW W. PILE, WSBA No. 32245 Associate General Counsel 3 Office of Program Litigation, Office 7 Social Security Administration 4 MARCELO ILLARMO (MABN 670079) 5 Special Assistant United States Attorney Office of the General Counsel 6 Social Security Administration 6401 Security Boulevard 7 Baltimore, Maryland 21235 8 Telephone: (510) 970-4822 Email: [email protected] 9 Attorneys for Defendant

10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA

12 JAVIER GONZALEZ MEXICANO,, ) Case No. 2:24-cv--01665-DMC ) 13 Plaintiff ) STIPULATION AND 14 ) ORDER FOR AWARD OF ATTORNEY’S v. ) FEES UNDER THE EQUAL ACCESS TO 15 ) JUSTICE ACT (EAJA) COMMISSIONER OF SOCIAL SECURITY,) 16 ) 17 ) Defendant ) 18 ) ____________________________________ ) 19 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 20 subject to the approval of the Court, that Plaintiff shall be awarded attorney’s fees and expenses 21 under the Equal Access to Justice Act (EAJA),

(d), in the amount of eleven 22 thousand five hundred dollars ($11,500.00) and no costs under

. This amount 23 represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection 24 with this civil action, in accordance with

; 2412(d). Accordingly, should this Court 25 award fees and expenses under EAJA pursuant to this stipulation, Plaintiff’s motion for attorney fees 26 (ECF 24) would be moot. 27 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 28 matter of any assignment of EAJA fees by Plaintiff to his counsel Jonathan Pena (Counsel). Pursuant to Astrue v. Ratliff,

,

,

(2010), the ability to honor 1 the assignment will depend on whether the fees are subject to any offset allowed under the United 2 States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 3 government will determine whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 5 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 6 and costs to be made directly to Counsel pursuant to an assignment executed by Plaintiff. Any 7 payments made shall be delivered to Counsel. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 9 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 10 and all claims that Plaintiff and/or Counsel, including his firm, may have relating to EAJA attorney 11 fees in connection with this action. 12 This award is without prejudice to the rights of Counsel to seek Social Security Act attorney 13 fees under

(b), subject to the savings clause provisions of the EAJA. 14 15 Respectfully submitted, 16

17 Dated: April 14, 2025

18 By: /s/ Jonthan Pena* JONATHAN PENA 19 *By email authorization on 4/14/25 20 Attorney for Plaintiff

21 Dated: April 14, 2025 MICHELE BECKWITH 22 Acting United States Attorney 23 By: /s/ Marcelo Illarmo 24 MARCELO ILLARMO Special Assistant United States Attorney 25 26

27

28 1 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Ac 3 Fees, Costs, and Expenses, IT IS ORDERED that fees and expenses in the amount of $11,500.00 as authorized by

, and no costs as authorized by

, be awarded subject 4 the terms of the Stipulation. Furthermore, Plaintiff's motion for attorney fees (ECF 24) is denied as moot. 5 ° Dated: April 17, 2025 Sco ’ DENNIS M. COTA 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Stip. and Order for Fees E.D. Cal. 2:24-cv--01665-DMC