Coronado v. Commissioner of Social Security

Filing 40


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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 TIM CORONADO, JR, ) ) Plaintiff ) ) v. ) ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant ) ) ____________________________________) Case No. 1:15-CV-00806-AWI-SAB STIPULATION AND PROPOSED ORDER FOR AWARD OF ATTORNEY’S FEES AND COSTS 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 FOUR THOUSAND dollars 19 and ZERO cents ($4,000.00). This amount represents compensation for all legal services rendered on 20 behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 21 2412(d). The parties also agree that Plaintiff shall be awarded costs in the amount of $400.00, 22 pursuant to 31 U.S.C. §1304 and 28 U.S.C. §1920. 23 24 25 26 27 28 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 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. Coronado v. Berryhill Stipulation and Proposed Order E.D. Cal. 1:15-cv-00806-AWI-SAB 1 Ratcliff, 130 S.Ct. 2521 (2010) and the Department of Treasury’s Offset Program, then the check for 2 EAJA fees shall be made payable to Plaintiff's attorney, Jacqueline A. Forslund, based upon 3 Plaintiff’s assignment of these amounts to Plaintiff’s attorney, and the check for costs shall be made 4 5 payable to Plaintiff, Tim Coronado. 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, Forslund Law LLC, P.O. Box 4476, Sunriver, Oregon 6 7 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 under the EAJA or 8 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 9 and all claims that Plaintiff and/or Plaintiff’s Counsel may have relating to EAJA attorney fees in 10 connection with this action. 11 Respectfully submitted, 12 13 Date: June 9, 2017 JACQUELINE A. FORSLUND Attorney at Law 14 15 /s/Jacqueline A. Forslund JACQUELINE A. FORSLUND Attorney for Plaintiff 16 17 18 Date: June 9 2017 19 20 21 PHILIP A. TALBERT United States Attorney DEBORAH STACHEL Regional Chief Counsel, Region IX Social Security Administration /s/In Seon Jeong IN SEON JEONG Special Assistant United States Attorney *By email authorization Attorney for Defendant 22 23 24 25 26 27 28 Coronado v. Berryhill Stipulation and Proposed Order E.D. Cal. 1:15-cv-00806-AWI-SAB ORDER 1 2 APPROVED AND SO ORDERED 3 4 IT IS SO ORDERED. 5 Dated: June 12, 2017 SENIOR DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Coronado v. Berryhill Stipulation and Proposed Order E.D. Cal. 1:15-cv-00806-AWI-SAB

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