Overend v. Commissioner of Social Security

Filing 26

STIPULATION and ORDER for the Award and Payment of Equal Access to Justice Act Fees (Doc. 25 ). The Court GRANTS fees as authorized by 28 U.S.C. § 2412(d), in the amount of $4,950.00, awarded to Plaintiff's attorney. Any attorney's fees shall be made pursuant to Astrue v. Ratliff, 130 S. Ct. 2521 (2010), and shall be distributed according to the terms of this stipulation. Order signed by Magistrate Judge Erica P. Grosjean on 5/9/2016. (Rooney, M)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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NANCY L. OVEREND,

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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-01309-EPG
STIPULATION AND
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 FOUR THOUSAND NINE

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HUNDRED AND FIFTY dollars and ZERO cents ($4,950.00). 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).

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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 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 are not subject to an offset under Astrue v.

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Ratcliff, 130 S.Ct. 2521 (2010) and The Department of Treasury’s Offset Program, then the check for

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EAJA fees and expenses shall be made payable to Jacqueline A. Forslund, based upon Plaintiff’s

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assignment of these amounts to Plaintiff’s attorney. The parties agree that whether these checks are
Overend v. Colvin

Stipulation and Order

E.D. Cal. 1:14-cv-01309-EPG

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made payable to Plaintiff or Jacqueline A. Forslund, such checks shall be mailed to Plaintiff’s

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attorney at the following address: Jacqueline A. Forslund, Attorney at Law, P.O. Box 4476,

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Sunriver, Oregon 97707.
Respectfully submitted,

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Date: May 4, 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: May 4, 2016

BENJAMIN WAGNER
United States Attorney
DEBORAH STATCHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration

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/s/*Carolyn B. Chen
CAROLYN B. CHEN
Special Assistant United States Attorney
*By email authorization
Attorney for Defendant

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ORDER
Based upon the parties’ stipulation for the Award and Payment of Equal Access to Justice Act Fees (Doc. 25), IT
IS ORDERED that fees as authorized by 28 U.S.C. § 2412(d), in the amount of $4,950.00, be awarded to Plaintiff’s
attorney. Any attorney’s fees shall be made pursuant to Astrue v. Ratliff, 130 S. Ct. 2521 (2010), and shall be distributed
according to the terms of the above stipulation.

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IT IS SO ORDERED.

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Dated:

May 9, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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Overend v. Colvin

Stipulation and Order

E.D. Cal. 1:14-cv-01309-EPG

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Overend v. Colvin

Stipulation and Order

E.D. Cal. 1:14-cv-01309-EPG