Alcantar v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER for EAJA Fees. Pursuant to the terms of the parties stipulation, it is HEREBY ORDERED that Plaintiff is awarded $6,700 in EAJA fees and costs. Order signed by Magistrate Judge Sheila K. Oberto on 12/28/2015. (Timken, A)

1 JACQUELINE A. FORSLUND CSBN 154575
Dellert Baird Law Offices, PLLC

2 P.O. Box 3757
Silverdale, WA 98383

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Telephone:
Email:

541-419-0074
[e-mail]

5 Attorney for Plaintiff
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KELLY JEAN ALCANTAR,

Case No. 1:14-cv-0182--SKO

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Plaintiff,
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STIPULATION AND ORDER
FOR EAJA FEES

v.
(Doc. 21)

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CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.
_____________________________________/

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IT IS HEREBY STIPULATED by and between the parties through their undersigned

18 counsel, subject to the approval of the Court, that Plaintiff shall be awarded attorney’s fees and
19 expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. sec. 2412(d), in the amount of
20 SIX THOUSAND SEVEN HUNDRED dollars and ZERO cents ($6,700.00).

This amount

21 represents compensation for all legal services rendered on behalf of plaintiff by counsel in
22 connection with this civil action, in accordance with 28 U.S.C. sec. 2412(d).
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After the Court issues an order for EAJA fees and expenses to Plaintiff, the government

24 will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s
25 attorney. The government’s ability to honor the assignment will depend on whether the fees and
26 expenses are subject to an offset allowed under the United States Department of the Treasury’s
27 Offset Program pursuant to Astrue v. Ratcliff, 130 S.Ct. 2521 (2010). After the order of EAJA
28 fees and expenses is entered, the government will determine if they are subject to an offset.

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If it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset

2 under Astrue v. Ratcliff, 130 S.Ct. 2521 (2010) and The Department of Treasury’s Offset
3 Program, then the check for EAJA fees and expenses shall be made payable to Dellert Baird Law
4 Offices, PLLC, based upon Plaintiff’s assignment of these amounts to Plaintiff’s attorney. The
5 parties agree that whether the EAJA check is made payable to Plaintiff or Dellert Baird Law
6 Offices, PLLC, such check shall be mailed to Plaintiff’s attorney at the following address: Dellert
7 Baird Law Offices, PLLC, P.O. Box 3757, Silverdale, WA 98383.
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10 Date: December 18, 2015
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Respectfully submitted,
JACQUELINE A. FORSLUND
Attorney at Law
/s/Jacqueline A. Forslund
JACQUELINE A. FORSLUND
Attorney for Plaintiff

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15 Date: December 18, 2015
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BENJAMIN WAGNER
United States Attorney
DEBORAH STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration
/s/*Chantal Jenkins
CHANTAL JENKINS
Special Assistant United States Attorney
*By email authorization
Attorney for Defendant

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ORDER
Pursuant to the terms of the parties’ stipulation, it is HEREBY ORDERED that Plaintiff is

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3 awarded $6,700 in EAJA fees and costs.
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IT IS SO ORDERED.

6 Dated:

December 28, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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