1 Jonathan O. Peña, Esq. CA Bar ID No.: 278044 2 Peña & Bromberg, PLC 2440 Tulare St., Ste. 320 3 Fresno, CA 93721 4 Telephone: 559-439-9700 Facsimile: 559-439-9723 5 Email: info@jonathanpena.com 6 Attorney for Plaintiff, Roman Blanco

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

9 10 FRESNO DIVISION 11 ROMAN BLANCO, Case No. 1:21-cv-00524-BAK (SKO) 12 13 Plaintiff, STIPULATION FOR THE AWARD

AND PAYMENT OF ATTORNEY

14 v. FEES AND EXPENSES PURSUANT 15 TO THE EQUAL ACCESS TO KILOLO KIJAKAZI, Acting JUSTICE ACT; ORDER 16 Commissioner of Social Security, 17 (Doc. 21) Defendant. 18 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 $5,925.00, under the Equal Access to 22 Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all 23 legal services rendered on behalf of Plaintiff by counsel in connection with this civil 24 action, in accordance with 28 U.S.C. § 2412(d). 25 After the Court issues an order for EAJA fees to Plaintiff, the government will 26 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 27 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 1 to honor the assignment will depend on whether the fees are subject to any offset 2 allowed under the United States Department of the Treasury’s Offset Program. After 3 the order for EAJA fees is entered, the government will determine whether they are 4 subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 6 determines that Plaintiff does not owe a federal debt, then the government shall cause 7 the payment of fees, expenses and costs to be made directly to Counsel, pursuant to 8 the assignment executed by Plaintiff. Any payments made shall be delivered to 9 Plaintiff’s counsel, Jonathan O. Peña. 10 This stipulation constitutes a compromise settlement of Plaintiff’s request for 11 EAJA attorney fees, and does not constitute an admission of liability on the part of 12 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 13 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 14 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 15 connection with this action. 16 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 17 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 18 savings clause provisions of the EAJA. 19

20 Respectfully submitted, 21

22 Dated: April 25, 2022 /s/ Jonathan O. Peña 23 J ONATHAN O. PEÑA Attorney for Plaintiff 24

25 Dated: April 25, 2022 PHILLIP A. TALBERT 26 United States Attorney

PETER THOMPSON

27 Acting Regional Chief Counsel, Region IX 1 Social Security Administration

2 By: Marcelo N. Illarmo*

MARCELO N. ILLARMO

3 Special Assistant U.S. Attorney 4 Attorneys for Defendant (*Permission to use electronic signature 5 obtained via email on April 20, 2022). 6

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8 9 ORDER 10 Based upon the parties’ Stipulation for the Award and Payment of Attorney Fees 11 and Expenses Pursuant to the Equal Access to Justice Act (the “Stipulation”) (Doc. 21), 12 IT IS HEREBY ORDERED that fees and expenses in the amount of $5,925.00 as 13 authorized by 28 U.S.C. § 2412 be awarded subject to the terms of the Stipulation. 14

IT IS SO ORDERED.

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16 Dated: April 26, 2022 /s/ Sheila K. Oberto .

UNITED STATES MAGISTRATE JUDGE

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