Colston v. Commissioner of Social Security

Filing 26

STIPULATION and ORDER For Award of Attorney's Fees. Fees in the amount of seven thousand five hundred dollars ($7,500) under EAJA, 28 U.S.C. § 2412(d), shall be awarded subject to the terms of the Stipulation. Order signed by Magistrate Judge Sheila K. Oberto on 5/29/2017. (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:
[e-mail]
Attorney for Plaintiff
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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MICHAEL CHARLES COLSTON,

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Plaintiff
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v.
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NANCY A. BERRYHILL ,
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Acting Commissioner of Social Security,
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Defendant
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____________________________________)

Case No. 1:15-CV-01750-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 SEVEN THOUSAND FIVE

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HUNDRED dollars and ZERO cents ($7,500.00). 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).
After the Court issues an order for payment of EAJA fees and expenses to Plaintiff, the

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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

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Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of
Civil Procedure, Nancy A. Berryhill should be substituted for Acting Commissioner Carolyn W. Colvin as the defendant
in this suit. No further action needs to be taken to continue this suit by reason of the last sentence of section 205(g) of the
Social Security Act, 42 U.S.C. § 405(g).

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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

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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, Forslund Law LLC, P.O. Box 4476,

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Sunriver, Oregon 97707. This stipulation constitutes a compromise settlement of Plaintiff’s request

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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

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from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s Counsel may have relating to

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EAJA attorney fees in connection with this action.

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Respectfully submitted,

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Date: May 23, 2017

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: May 24, 2017

PHILIP A. TALBERT
United States Attorney
DEBORAH STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
/s/Jeffrey Chen
JEFFREY CHEN
Special Assistant United States Attorney
*By email authorization
Attorney for Defendant

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ORDER

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Based upon the above Stipulation for Award of Attorney’s Fees Under the Equal Access to

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Justice Act, (Doc. 25), IT IS ORDERED that fees in the amount of seven thousand five hundred
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dollars ($7,500) under EAJA, 28 U.S.C. § 2412(d), be awarded subject to the terms of the above
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Stipulation.
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IT IS SO ORDERED.
Dated:

May 29, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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