(SS) Pacheco v. Commissioner of Social Security

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Jonathan O. Peña, Esq.
CA Bar ID No.: 278044
Peña & Bromberg, PLC
3467 W. Shaw Ave., Ste 100
Fresno, CA 93711
Telephone: 559-439-9700
Facsimile: 559-439-9723
Email: info@jonathanpena.com
Attorney for Plaintiff, Linda Maria Pacheco
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION
Linda Maria Pacheco,
Plaintiff,
v.
Frank J. Bisignano1,
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
Case No. 1:21-cv-00110-JLT-BAM
STIPULATION FOR THE AWARD
AND PAYMENT OF ATTORNEY
FEES AND EXPENSES PURSUANT
TO THE EQUAL ACCESS TO
JUSTICE ACT; |PROPOSED| ORDER
IT IS HEREBY STIPULATED by and between the parties through their
undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded
attorney fees and expenses in the amount of SEVEN THOUSAND FIVE HUNDRED
AND 00/100 ($7,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C.
§ 2412(d), and costs in the amount of ZERO dollars ($0.00) under 28 U.S.C. §1920.
1 Frank J. Bisignano became the Commissioner of Social Security on May 7,
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
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).
Case 1:21-cv-00110-JLT-BAM Document 36 Filed 01/05/26 Page 1 of 4

-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
This amount represents compensation for all legal services rendered on behalf of
Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C.
§§ 1920, 2412(d).
Plaintiff was the prevailing party in this matter and Plaintiff is an individual
whose net worth does not exceed $2,000,000 at the time the civil action was filed.
After the Court issues an order for EAJA fees to Plaintiff, the government will
consider the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney.
Under Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees awarded by this
Court belong to the Plaintiff and are subject to offset under the Treasury Offset Program
(31 U.S.C. § 3716(c)(3)(B) (2006)). Any EAJA fees should therefore be awarded to
Plaintiff and not to Plaintiff’s attorney. If, after receiving the Court’s EAJA fee order,
the Commissioner (1) determines that Plaintiff has assigned his right to EAJA fees to
his attorney; (2) determines that Plaintiff does not owe a debt that is subject to offset
under the Treasury Offset Program, and (3) agrees to waive the requirements of the
Anti-Assignment Act, then the EAJA fees will be made payable to Plaintiff’s attorney,
JONATHAN O. PEÑA-MANCINAS at the firm, PEÑA & BROMBERG, PC.
However, if there is a debt owed under the Treasury Offset Program, the Commissioner
cannot agree to waive the requirements of the Anti-Assignment Act, and the remaining
EAJA fees after offset will be paid by a check or electronic fund transfer (EFT) made
out to Plaintiff, but delivered to Plaintiff’s attorney, JONATHAN O. PEÑA-
MANCINAS at the firm, PEÑA & BROMBERG, PC.
This stipulation constitutes a compromise settlement of Plaintiff’s request for
EAJA attorney 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 and all claims that Plaintiff and/or Counsel
Case 1:21-cv-00110-JLT-BAM Document 36 Filed 01/05/26 Page 2 of 4

-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
including Counsel’s firm may have relating to EAJA attorney fees in connection with
this action.
The parties further agree that the EAJA award is without prejudice to the right of
Plaintiff’s attorney to seek attorney fees pursuant to Social Security Act § 206(b), 42
U.S.C. § 406(b), subject to the offset provisions of the EAJA. See 28 U.S.C. §
2412(c)(1) (2006).
Respectfully submitted,
Dated: December 31, 2025 /s/ Jonathan O. Peña
JONATHAN O. PEÑA
Attorney for Plaintiff
Dated: December 31, 2025 ERIC GRANT
United States Attorney
MATHEW W. PILE
Head of Program Litigation 1
Law & Policy
Social Security Administration
By: _*_Tina Naicker
Tina Naicker
Special Assistant U.S. Attorney
Attorneys for Defendant
(*Permission to use electronic signature
obtained via email on December 31, 2025).
Case 1:21-cv-00110-JLT-BAM Document 36 Filed 01/05/26 Page 3 of 4

-4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
|PROPOSED| ORDER
Based upon the parties’ Stipulation for the Award and Payment of Equal Access
to Justice Act Fees and Expenses (the “Stipulation”),
IT IS ORDERED that fees and expenses in the amount of SEVEN THOUSAND
FIVE HUNDRED AND 00/100 ($7,500.00) as authorized by the Equal Access to
Justice Act (EAJA), 28 U.S.C. § 2412(d), be awarded subject to the terms of the
Stipulation.
IT IS SO ORDERED.
Dated: January 5, 2026
Case 1:21-cv-00110-JLT-BAM Document 36 Filed 01/05/26 Page 4 of 4