Berschneider v. Commissioner of Social Security

Filing 24

STIPULATION and ORDER for EAJA Fees, Costs, and Expenses re 23 signed by Magistrate Judge Gary S. Austin on 6/9/2015. (Martinez, A)

JACQUELINE A. FORSLUND CSBN 154575
Dellert Baird Law Offices, PLLC
P.O. Box 3757
Silverdale, WA 98383
Telephone:
Email:

541-419-0074
[e-mail]

Attorney for Plaintiff
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

ROCKLIN J. BERSCHNEIDER II,
Plaintiff,

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

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Case No. 1:13-cv-01945-GSA
STIPULATION AND
ORDER FOR EAJA FEES, COSTS
AND EXPENSES

(ECF No. 23)

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 THREE HUNDRED SEVENTEEN dollars and THIRTY ONE cents
($7,317.31) and expenses in the amount of TWENTY dollars and NINETY ONE cents ($20.91).
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. sec. 2412(d).
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

Berschneider v. Colvin
E.D. Cal. 1:13-cv-01945-GSA

Stipulation and Order for EAJA

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 if they are subject to an offset.
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, and
the check for costs shall be made payable to Plaintiff. 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: June 8, 2015

JACQUELINE A. FORSLUND
Attorney at Law
/s/Jacqueline A. Forslund
JACQUELINE A. FORSLUND
Attorney for Plaintiff

Date: June 8, 2015

BENJAMIN WAGNER
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel, Region IX
Social Security Administration
/s/*Brenda Pullin
BRENDA PULLIN
Special Assistant United States Attorney
*By email authorization
Attorney for Defendant

Berschneider v. Colvin
E.D. Cal. 1:13-cv-01945-GSA

Stipulation and Order for EAJA

ORDER
Pursuant to the above stipulation between the parties, Plaintiff shall be awarded attorney
fees in the amount of seven thousand three hundred seventeen dollars and thirty one cents
($7,317.31) and expenses in the amount of twenty dollars and ninety one cents ($20.91) under
the Equal Access to Justice Act, 28 U.S.C. § 2412(d). This award is subject to the terms of the
above-referenced stipulation and payments shall be made pursuant to Astrue v. Ratliff, 130 S.Ct.
2521, 2529 (2010), as outlined above.

IT IS SO ORDERED.
Dated:

June 9, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

Berschneider v. Colvin
E.D. Cal. 1:13-cv-01945-GSA

Stipulation and Order for EAJA