Sullivan v. Commissioner of Social Security

Filing 27

Stipulation and Order for award of attorneys fees under the Equal Access to Justice Act (EAJA), signed by Magistrate Judge Erica P. Grosjean on 1/9/2017. (Rosales, O)

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1 2 3 4 5 6 FORSLUND LAW, LLC Jacqueline A. Forslund # 154575 P.O. Box 4476 Sunriver, OR 97707 Telephone: 541-419-0074 Fax: 541-593-4452 Email: Attorney for Plaintiff UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 8 9 10 11 12 13 14 15 SHARON R. SULLIVAN, ) ) Plaintiff ) ) v. ) ) CAROLYN W. COLVIN, ) Acting Comm’r of Social Security, ) ) Defendant ) ) ____________________________________) Case No. 1:15-CV-00376-EPG STIPULATION AND ORDER FOR AWARD OF ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (EAJA) 16 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 17 18 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 FOUR 19 HUNDRED AND FIFTY dollars and ZERO cents ($6,450.00). This amount represents 20 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this 21 civil action, in accordance with 28 U.S.C. sec. 2412(d). 22 23 24 After the Court issues an order for payment of 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 25 26 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. If 27 it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset under Astrue v. 28 Ratcliff, 130 S.Ct. 2521 (2010) and the Department of Treasury’s Offset Program, then the check for Sullivan v. Colvin Stipulation and Order E.D. Cal. 1:15-cv-00376-EPG 1 EAJA fees and expenses shall be made payable to Jacqueline A. Forslund, based upon Plaintiff’s 2 assignment of these amounts to Plaintiff’s attorney. The parties agree that whether these checks are 3 made payable to Plaintiff or Jacqueline A. Forslund, such checks shall be mailed to Plaintiff’s 4 5 attorney at the following address: Jacqueline A. Forslund, Forslund Law LLC, P.O. Box 4476, Sunriver, Oregon 97707. This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant 6 under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, 7 and bar to, any and all claims that Plaintiff and/or Plaintiff’s Counsel may have relating to EAJA 8 attorney fees in connection with this action. 9 Respectfully submitted, 10 11 Date: December 21, 2016 12 JACQUELINE A. FORSLUND Attorney at Law 13 /s/Jacqueline A. Forslund JACQUELINE A. FORSLUND Attorney for Plaintiff 14 15 16 Date: December 29, 2016 17 18 PHILIP A. TALBERT United States Attorney DEBORAH STACHEL Regional Chief Counsel, Region IX Social Security Administration 19 /s/Sharon Lahey SHARON LAHEY Special Assistant United States Attorney *By email authorization Attorney for Defendant 20 21 22 23 24 25 26 27 28 Sullivan v. Colvin Stipulation and Order E.D. Cal. 1:15-cv-00376-EPG ORDER 1 2 3 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act Fees, Costs, and Expenses (ECF No. 26), IT IS ORDERED that fees and expenses in the amount of 4 $6,450.00, as authorized by 28 U.S.C. § 2412, be awarded subject to the terms of the Stipulation. 5 6 IT IS SO ORDERED. 7 8 Dated: January 9, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sullivan v. Colvin Stipulation and Order E.D. Cal. 1:15-cv-00376-EPG

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