Shepard v. Commissioner of Social Security
Filing
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STIPULATION and ORDER FOR AWARD OF ATTORNEY'S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (EAJA) signed by Magistrate Judge Sandra M. Snyder on March 30, 2016. (Munoz, I)
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JACQUELINE A. FORSLUND
CSBN 154575
P.O. Box 4476
Sunriver, OR 97707
Telephone:
Email:
541-419-0074
jaf@forslundlaw.com
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Attorney for Plaintiff
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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ROBERT SHEPARD,
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Plaintiff,
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v.
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CAROLYN W. COLVIN,
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Acting Comm’r of Social Security,
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Defendant,
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____________________________________)
Case No. 1:14-cv-01166-SMS
STIPULATION AND PROPOSED
ORDER FOR AWARD OF ATTORNEY’S
FEES UNDER THE EQUAL ACCESS TO
JUSTICE ACT (EAJA)
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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 under the Equal
Access to Justice Act (EAJA), 28 U.S.C. sec. 2412(d), in the amount of SIX THOUSAND FIVE
HUNDRED dollars ($6,500.00). This amount represents compensation for all legal services rendered
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on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C.
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sec. 2412(d).
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After the Court issues an order for EAJA fees and expenses to Plaintiff, the government will
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consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s attorney. The
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government’s ability to honor the assignment will depend on whether the fees and expenses are
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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 if they are subject to an offset.
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Shepard v. Colvin
Stipulation and Proposed Order
E.D. Cal. 1:14-cv-01166-SMS
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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 Jacqueline A. Forslund, 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 Jacqueline A. Forslund, such checks shall be mailed to
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Plaintiff’s attorney at the following address: Jacqueline A. Forslund, Attorney at Law, P.O. Box
4476, Sunriver, Oregon 97707.
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Respectfully submitted,
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Date: March 28, 2016
JACQUELINE A. FORSLUND
Attorney at Law
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/s/Jacqueline A. Forslund
JACQUELINE A. FORSLUND
Attorney for Plaintiff
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Date: March 29, 2016
BENJAMIN WAGNER
United States Attorney
DEBORAH STATCHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration
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/s/*Donna Wade Anderson
DONNA WADE ANDERSON
Special Assistant United States Attorney
*By email authorization
Attorney for Defendant
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ORDER
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IT IS SO ORDERED.
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Dated:
March 30, 2016
/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE
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Shepard v. Colvin
Stipulation and Proposed Order
E.D. Cal. 1:14-cv-01166-SMS
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