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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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 MICHAEL CHARLES COLSTON, ) ) Plaintiff ) ) v. ) ) 1 NANCY A. BERRYHILL , ) Acting Commissioner of Social Security, ) ) Defendant ) ) ____________________________________) Case No. 1:15-CV-01750-SKO STIPULATION AND ORDER FOR AWARD OF ATTORNEY’S FEES 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 SEVEN THOUSAND FIVE 19 HUNDRED dollars and ZERO cents ($7,500.00). This amount represents compensation for all legal 20 services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance 21 with 28 U.S.C. sec. 2412(d). After the Court issues an order for payment of EAJA fees and expenses to Plaintiff, the 22 23 24 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 25 Treasury’s Offset Program pursuant to Astrue v. Ratcliff, 130 S.Ct. 2521 (2010). After the order of 26 27 28 1 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). 1 EAJA fees and expenses is entered, the government will determine if they are subject to an offset. If 2 it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset under Astrue v. 3 Ratcliff, 130 S.Ct. 2521 (2010) and the Department of Treasury’s Offset Program, then the check for 4 5 6 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, 7 Sunriver, Oregon 97707. This stipulation constitutes a compromise settlement of Plaintiff’s request 8 for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant 9 under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release 10 from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s Counsel may have relating to 11 EAJA attorney fees in connection with this action. 12 Respectfully submitted, 13 14 Date: May 23, 2017 JACQUELINE A. FORSLUND Attorney at Law 15 16 /s/Jacqueline A. Forslund JACQUELINE A. FORSLUND Attorney for Plaintiff 17 18 19 20 21 22 23 24 25 26 27 28 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 1 ORDER 2 3 Based upon the above Stipulation for Award of Attorney’s Fees Under the Equal Access to 4 Justice Act, (Doc. 25), IT IS ORDERED that fees in the amount of seven thousand five hundred 5 dollars ($7,500) under EAJA, 28 U.S.C. § 2412(d), be awarded subject to the terms of the above 6 Stipulation. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: May 29, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE .

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