Johnson 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. Fees and expenses in the amount of six thousand five hundred dollars ($6,500.00) under EAJA, 28 U.S.C. § 2412(d), and no additional costs other than those taxed by the United States Court of Appeals for the Ninth Circuit under 28 U.S.C. § 1920, be awarded subject to the terms of the above Stipulation. Order signed by Magistrate Judge Sheila K. Oberto on 9/28/2016. (Timken, A)
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FORSLUND LAW, LLC
Jacqueline A. Forslund # 154575
P.O. Box 4476
Sunriver, OR 97707
Telephone:
541-419-0074
Fax:
541-593-4452
Email:
jaf@forslundlaw.com
Attorney for Plaintiff
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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GLENN LEROY JOHNSON,
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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. 1:15-CV-00528-SKO
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,
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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
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HUNDRED dollars and ZERO cents ($6,500.00). This amount represents compensation for all legal
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services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance
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with 28 U.S.C. sec. 2412(d).
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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
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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
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it is determined that Plaintiff’s EAJA fees and expenses 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
Johnson v. Colvin
Stipulation and Order
E.D. Cal. 1:15-CV-00528-SKO
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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
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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, 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
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under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from,
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and bar to, any and all claims that Plaintiff and/or Plaintiff’s Counsel may have relating to EAJA
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attorney fees in connection with this action.
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Respectfully submitted,
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Date: September 27, 2016
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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: September 27, 2016
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PHILIP A. TALBERT
Acting United States Attorney
DEBORAH STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
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/s/Daniel P. Talbert
DANIEL P. TALBERT
Special Assistant United States Attorney
*By email authorization
Attorney for Defendant
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ORDER
Based upon the above “Stipulation for Award of Attorney Fees Under the Equal Access to
Justice Act (EAJA)” (Doc. 27), IT IS ORDERED that fees and expenses in the amount of six
thousand five hundred dollars ($6,500.00) under EAJA, 28 U.S.C. § 2412(d), and no additional costs
other than those taxed by the United States Court of Appeals for the Ninth Circuit under 28 U.S.C.
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Johnson v. Colvin
Stipulation and Order
E.D. Cal. 1:15-CV-00528-SKO
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§ 1920, be awarded subject to the terms of the above Stipulation.
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IT IS SO ORDERED.
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Dated:
September 28, 2016
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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Johnson v. Colvin
Stipulation and Order
E.D. Cal. 1:15-CV-00528-SKO
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