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: info@jonathanpena.com Attorney for Plaintiff, Eddie Ray Arreola 7

8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA

FRESNO DIVISION

11 12 Eddie Ray Arreola, Case No. 1:25-cv-00402-SKO

13 Plaintiff, STIPULATION AND UNOPPOSED 14 MOTION FOR THE AWARD AND v. PAYMENT OF ATTORNEY FEES 15 AND EXPENSES PURSUANT TO THE 16 Frank J. Bisignano1, EQUAL ACCESS TO JUSTICE ACT;

COMMISSIONER OF SOCIAL ORDER

17 SECURITY, 18 (Doc. 24) Defendant. 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 EIGHT THOUSAND THREE HUNDRED 23 AND 00/100 ($8,300.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 24 25 1 Frank J. Bisignano became the Commissioner of Social Security on May 7, 26 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Frank J. Bisignano should be substituted for Leland Dudek as the defendant in this suit. No 27 further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 1 § 2412(d), and costs in the amount of ZERO dollars ($0.00) under 28 U.S.C. §1920. 2 This amount represents compensation for all legal services rendered on behalf of 3 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. 4 §§ 1920, 2412(d). 5 Plaintiff was the prevailing party in this matter and Plaintiff is an individual 6 whose net worth does not exceed $2,000,000 at the time the civil action was filed. 7 After the Court issues an order for EAJA fees to Plaintiff, the government will 8 consider the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. 9 Under Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees awarded by this 10 Court belong to the Plaintiff and are subject to offset under the Treasury Offset Program 11 (31 U.S.C. § 3716(c)(3)(B) (2006)). Any EAJA fees should therefore be awarded to 12 Plaintiff and not to Plaintiff’s attorney. If, after receiving the Court’s EAJA fee order, 13 the Commissioner (1) determines that Plaintiff has assigned his right to EAJA fees to 14 his attorney; (2) determines that Plaintiff does not owe a debt that is subject to offset 15 16 under the Treasury Offset Program, and (3) agrees to waive the requirements of the 17 Anti-Assignment Act, then the EAJA fees will be made payable to Plaintiff’s attorney, 18 JONATHAN O. PEÑA-MANCINAS at the firm, PEÑA & BROMBERG, PC. 19 However, if there is a debt owed under the Treasury Offset Program, the Commissioner 20 cannot agree to waive the requirements of the Anti-Assignment Act, and the remaining 21 EAJA fees after offset will be paid by a check or electronic fund transfer (EFT) made 22 out to Plaintiff, but delivered to Plaintiff’s attorney, JONATHAN O. PEÑA- 23 MANCINAS at the firm, PEÑA & BROMBERG, PC. 24 This stipulation constitutes a compromise settlement of Plaintiff’s request for 25 EAJA attorney fees, and does not constitute an admission of liability on the part of 26 Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute 27 a complete release from, and bar to, any and all claims that Plaintiff and/or Counsel 1 including Counsel’s firm may have relating to EAJA attorney fees in connection with 2 this action. 3 The parties further agree that the EAJA award is without prejudice to the right of 4 Plaintiff’s attorney to seek attorney fees pursuant to Social Security Act § 206(b), 42 5 U.S.C. § 406(b), subject to the offset provisions of the EAJA. See 28 U.S.C. § 6 2412(c)(1) (2006). 7 Respectfully submitted, 8 9 Dated: December 29, 2025 /s/ Jonathan O. Peña 10 J ONATHAN O. PEÑA 11 Attorney for Plaintiff

12 Dated: December 29, 2025 ERIC GRANT 13 United States Attorney 14 MATHEW W. PILE Head of Program Litigation 1 15 Law & Policy 16 Social Security Administration

17 By: _*_Marcelo N. Illarmo 18 Marcelo N. Illarmo Special Assistant U.S. Attorney 19 Attorneys for Defendant 20 (*Permission to use electronic signature obtained via email on December 29, 2025). 21

22 23 24 25 26 27 1

ORDER

2 Based upon the parties’ Stipulation and Unopposed Motion for the Award and 3 4 Payment of Equal Access to Justice Act Fees and Expenses (the “Stipulation”) (Doc. 24), 5 IT IS ORDERED that fees and expenses in the amount of EIGHT THOUSAND 6 THREE HUNDRED AND 00/100 ($8,300.00) as authorized by the Equal Access to 7 8 Justice Act (EAJA), 28 U.S.C. § 2412(d), be awarded subject to the terms of the 9 Stipulation. 10 11

IT IS SO ORDERED.

12 Dated: December 29, 2025 /s/ Sheila K. Oberto . 13

UNITED STATES MAGISTRATE JUDGE

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