Herman v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER EAJA Fees, signed by District Judge Anthony W. Ishii on 1/25/2016. (Kusamura, W)

JACQUELINE A. FORSLUND CSBN 154575
Attorney at Law
P.O. Box 4476
Sunriver, OR 97707
Telephone:
541-419-0074
Fax:
541-593-4452
Email:
[e-mail]
Attorney for Plaintiff

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

LESLIE HERMAN,
Plaintiff,

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

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Case No. 1:15-cv-00456-AWI SAB
STIPULATION AND
ORDER FOR EAJA FEES

On January 22, 2016, the parties submitted the following stipulation:

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 ONE THOUSAND TWO HUNDRED SEVENTY THREE DOLLARS and FORTY cents
($1,273.40). 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
Herman v. Colvin
E.D. Cal. 1:14-cv-00456-SAB

Stipulation and Proposed Order for EAJA

expenses are 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.
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 the EAJA check is made payable to Plaintiff or Jacqueline A. Forslund such
check shall be mailed to Plaintiff’s attorney at the following address: Jacqueline A. Forslund,
Attorney at Law, P.O. Box 4476, Sunriver, OR 97707.
Respectfully submitted,
Date: January 19, 2016

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

Date: January 19, 2016

BENJAMIN WAGNER
United States Attorney
DEBORAH STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration
/s/Donna Wade Anderson
DONNA WADE ANDERSON
Special Assistant United States Attorney
*By email authorization
Attorney for Defendant

Herman v. Colvin
E.D. Cal. 1:14-cv-00456-SAB

Stipulation and Proposed Order for EAJA

The Court finds the above stipulation appropriate.

ORDER
Accordingly, IT IS HEREBY ORDERED that:
1.

The above stipulation is APPROVED;

2.

Pursuant to the above stipulation, under the Equal Access to Justice Act, 28 U.S.C. §
2412(d), fees are awarded to Plaintiff in the amount of one thousand two hundred and
seventy-three dollars and forty cents ($1,273.40) subject to the terms of the stipulation.

IT IS SO ORDERED.
Dated: January 25, 2016
SENIOR DISTRICT JUDGE

Herman v. Colvin
E.D. Cal. 1:14-cv-00456-SAB

Stipulation and Proposed Order for EAJA