1 Jonathan O. Peña, Esq. 2 CA Bar ID No.: 278044 Peña & Bromberg, PLC 3 2440 Tulare St., Ste. 320 4 Fresno, CA 93721 Telephone: 559-439-9700 5 Facsimile: 559-439-9723 6 Email: info@jonathanpena.com Attorney for Plaintiff, Jose Ramos Carrillo 7

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

FRESNO DIVISION

11 12 Jose Ramos Carrillo, Case No. 1:21-cv-01211-SKO

13 Plaintiff, ORDER ON STIPULATION AND 14 UNOPPOSED MOTION FOR THE v. AWARD AND PAYMENT OF 15 ATTORNEY FEES AND EXPENSES 16 Kilolo Kijakazi, Acting PURSUANT TO THE EQUAL ACCESS Commissioner of Social Security, TO JUSTICE ACT 17 18 Defendant. (Doc. 19)

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 FIVE THOUSAND NINE-HUNDRED 22 SIXTY-FIVE DOLLARS and 11/100 ($5,965.11) under the Equal Access to Justice 23 Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of zero dollars ($0.00) under 24 28 U.S.C. §1920. This amount represents compensation for all legal services rendered 25 26 on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 27 28 U.S.C. §§ 1920, 2412(d). 1 After the Court issues an order for EAJA fees to Plaintiff, the government will 2 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 3 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 4 to honor the assignment will depend on whether the fees are subject to any offset 5 allowed under the United States Department of the Treasury’s Offset Program. After 6 the order for EAJA fees is entered, the government will determine whether they are 7 subject to any offset. 8 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 9 determines that Plaintiff does not owe a federal debt, then the government shall cause 10 the payment of fees, expenses and costs to be made directly to Counsel, pursuant to 11 the assignment executed by Plaintiff. Any payments made shall be delivered and 12 made payable to Plaintiff’s counsel, Jonathan O. Peña. 13 This stipulation constitutes a compromise settlement of Plaintiff’s request for 14 EAJA attorney fees, and does not constitute an admission of liability on the part of 15 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 16 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 17 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 18 connection with this action. 19 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 20 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 21 savings clause provisions of the EAJA. 22 Respectfully submitted, 23 24 Dated: April 7, 2023 /s/ Jonathan O. Peña 25 J ONATHAN O. PEÑA 26 Attorney for Plaintiff 27 Dated: April 7, 2023 PHILLIP A. TALBERT 1 United States Attorney

MATHEW W. PILE

2 Associate General Counsel Office of Program Litigation 3 Social Security Administration 4 By: _*_Elizabeth Landgraf 5 Elizabeth Landgraf 6 Special Assistant U.S. Attorney Attorneys for Defendant 7 (*Permission to use electronic signature 8 obtained via email on April 7, 2023). 9

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ORDER

2 Based upon the parties’ foregoing Stipulation and Unopposed Motion for the 3 4 Award and Payment of Equal Access to Justice Act Fees and Expenses (the “Stipulation”) 5 (Doc. 19), IT IS ORDERED that fees and expenses in the amount of FIVE THOUSAND 6 NINE-HUNDRED SIXTY-FIVE DOLLARS and 11/100 ($5,965.11) as authorized by 7 8 the Equal Access to Justice Act (EAJA), 28 U.S.C. § 412(d), and costs in the amount of 9 zero dollars ($0.00) under 28 U.S.C. §1920, be awarded subject to the terms of the 10 11 Stipulation. 12 13 IT IS SO ORDERED.

14 Dated: April 10, 2023 /s/ Sheila K. Oberto . 15 UNITED STATES MAGISTRATE JUDGE

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