Sanders v. Commissioner of Social Security

Filing 30

STIPULATION and ORDER AWARDING plaintiff attorney's fees and expenses under the Equal Access to Justice Act in the amount of $7,020.31. Order signed by Magistrate Judge Sandra M. Snyder on 5/18/2015. (Rooney, M)

KELSEY MACKENZIE BROWN, CA 263109
Dellert Baird Law Office, PLLC
P.O. Box 3757
Silverdale, WA 98383
Telephone:
Fax:
Email:

360-329-6968
360-329-6968
[e-mail]

Attorney for Plaintiff

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

SHEILA SANDERS,

)
)
Plaintiff,
)
)
)
)
CAROLYN W. COLVIN,
)
Acting Comm’r of Social Security,
)
)
Defendant,
)
__________________________________ )

Case No. 1:13-CV-01380-SMS
STIPULATION FOR ATTORNEY
FEES AND EXPENSES;
ORDER THEREON

IT IS HEREBY STIPULATED by and between the parties through their undersigned
counsel, subject to the approval of the Court, that Plaintiff shall be awarded attorney’s fees and
expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. sec. 2412(d), in the amount
of SEVEN THOUSAND TWENTY dollars and THIRTY ONE cents ($7,020.31).
After the Court issues an order for EAJA fees and expenses to Plaintiff, the government
will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s
attorney. The government’s ability to honor the assignment will depend on whether the fees and
expenses are subject to an offset allowed under the United States Department of the Treasury’s
Offset Program pursuant to Astrue v. Ratcliff, 130 S.Ct. 2521 (2010). After the order of EAJA
fees and expenses is entered, the government will determine whether they are subject to an
offset.
Sanders v. Colvin
E.D. Cal. 1:13-cv-01380-SMS

Stipulation for EAJA Fees

If it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset
under Astrue v. Ratcliff, 130 S.Ct. 2521 (2010) and The Department of Treasury’s Offset
Program, then the check for EAJA fees and expenses shall be made payable to Dellert Baird Law
Offices, PLLC, based upon Plaintiff’s assignment of these amounts to Plaintiff’s attorney. The
parties agree that whether these checks are made payable to Plaintiff or Dellert Baird Law
Offices, PLLC, such checks shall be mailed to Plaintiff’s attorney at the following address:
Dellert Baird Law Offices, PLLC, P.O. Box 3757, Silverdale, WA 98383.

Respectfully submitted,
Date: May 14, 2015

KELSEY MACKENZIE BROWN
Attorney at Law
/s/Jacqueline A. Forslund
For KELSEY MACKENZIE BROWN
Attorney for Plaintiff

Date: May 14, 2015

BENJAMIN J. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
/s/Timothy Bolin*
TIMOTHY BOLIN
Special Assistant United States Attorney
*By email authorization
Attorney for Defendant

ORDER
APPROVED AND SO ORDERED

DATED: 5/18/2015

Sanders v. Colvin
E.D. Cal. 1:13-cv-01380-SMS

/s/ SANDRA M. SNYDER
UNITED STATES MAGISTRATE JUDGE

Stipulation for EAJA Fees