1 ERIC GRANT United States Attorney 2 MATHEW W. PILE Head of Program Litigation 1 3 MARGARET BRANICK-ABILLA, CSBN 223600 Special Assistant United States Attorney 4 Program Litigation 1 5 Law & Policy Social Security Administration 6 6401 Security Boulevard Baltimore, MD 21235 7 Telephone: (510) 970-4809 Email: [email protected] 8

9 Attorneys for Defendant

10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 12

13 FREDDY ADAN GRACIA, Civil No. 1:24-cv-00441-KES-BAM

14 Plaintiff, STIPULATION FOR THE AWARD AND 15 vs. PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 16 COMMISSIONER OF SOCIAL SECURITY,

(d); ORDER 17 Defendant. 18 19 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 20 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the amount of EIGHT THOUSAND DOLLARS AND ZERO CENTS ($8,000.00) under the Equal 21 Access to Justice Act (EAJA),

(d). This amount represents compensation for 22 all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 23 accordance with

(d). 24 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 25 the matter of Plaintiff’s assignment of EAJA fees to counsel Jonathan O. Pena (Counsel). 26 Pursuant to Astrue v. Ratliff,

(2010), the ability to honor the assignment will 27 depend on whether the fees are subject to any offset allowed under the United States Department 28 1 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 2 determine whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 4 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 5 be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments 6 made shall be delivered to Counsel. Payments may be made by electronic funds transfer (EFT) 7 or by check. 8 Plaintiff was an individual whose net worth did not exceed $2,000,000 at the time the civil action was filed. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 10 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 12 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 13 bar to, any and all claims that Plaintiff and/or Counsel, including Counsel’s law firm and any 14 associates, may have relating to EAJA attorney fees in connection with this action. 15 This award is without prejudice to the rights of Counsel to seek Social Security Act 16 attorney fees under

(b), subject to the savings clause provisions of the EAJA. 17 Respectfully submitted, 18 Dated: September 8, 2025 PENA AND BROMBERG, PC 19

By: /s/ Jonathan Pena* 20 JONATHAN PENA 21 Attorneys for Plaintiff [*As authorized by e-mail on Sept. 8, 2025] 22 Dated: September 8, 2025 ERIC GRANT 23 United States Attorney MATHEW W. PILE 24 Head of Program Litigation 1

25 By: /s/ Margaret Branick-Abilla MARGARET BRANICK-ABILLA 26 Special Assistant United States Attorney Attorneys for Defendant 27

28 | ORDER 2 Pursuant to stipulation, IT IS SO ORDERED. 3 4 IT IS SO ORDERED. _ ° Dated: September 8, 2025 4h { } | 6 UNITED STATES DISTRICT JUSGE 4 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Stipulation; Order Page 3 Case No. 1:24-cv-00441-KES-BAM