Ornellas 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 Erica P. Grosjean on 4/25/2016. (Rosales, O)
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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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NORMA JEAN ORNELLAS,
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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-00730-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 THREE
HUNDRED dollars ($4,300.00). 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 is entered, the
government will determine if they are subject to an offset.
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Ornellas v. Colvin
Stipulation and Order
E.D. Cal. 1:15-cv-00730-EPG
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
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 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: April 15, 2016
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/s/Jacqueline A. Forslund
JACQUELINE A. FORSLUND
Attorney for Plaintiff
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JACQUELINE A. FORSLUND
Attorney at Law
Date: April 19, 2016
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BENJAMIN WAGNER
United States Attorney
DEBORAH STATCHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration
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/s/*Jean M. Turk
JEAN M. TURK
Special Assistant United States Attorney
*By email authorization
Attorney for Defendant
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Ornellas v. Colvin
Stipulation and Order
E.D. Cal. 1:15-cv-00730-EPG
ORDER
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The above stipulation has been reviewed and is adopted. Plaintiff’s attorney shall be paid
attorney’s fees under EAJA, 28 U.S.C. sec. 2412(d), in the agreed upon amount of $4,300.00, subject
to Astrue v. Ratcliff, 130 S. Ct. 2521 (2010) and the terms outlined above.
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IT IS SO ORDERED.
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Dated:
April 25, 2016
/s/
UNITED STATES MAGISTRATE JUDGE
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Ornellas v. Colvin
Stipulation and Order
E.D. Cal. 1:15-cv-00730-EPG
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