Harris v. Colvin

Filing 23

STIPULATION and ORDER for Award of Attorney's Fees Under the Equal Access to Justice Act (EAJA) signed by Magistrate Judge Gary S. Austin on 11/15/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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STAN P. HARRIS,

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Plaintiff
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v.
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NANCY A. BERRYHILL1,
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Acting Commissioner of Social Security,
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Defendant
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____________________________________)

Case No. 1:16-CV-00384-GSA
STIPULATION AND ORDER
FOR AWARD OF ATTORNEY’S
FEES UNDER THE EQUAL ACCESS TO
JUSTICE ACT (EAJA)

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 SIX THOUSAND SIX
HUNDRED dollars and ZERO cents ($6,600.00). This amount represents compensation for all legal
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

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Plaintiff’s attorney.

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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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The government’s ability to honor the assignment will depend on whether the

EAJA fees and expenses is entered, the government will determine if they are subject to an offset. If
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).
Harris v. Berryhill
Stipulation and Order
E.D. Cal. 1:16-cv-00384-GSA

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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

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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
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: November 13, 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: November 13, 2017

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PHILIP A. TALBERT
United States Attorney
DEBORAH STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
/s/Chantal R. Jenkins
CHANTAL R. JENKINS
Special Assistant United States Attorney
*By email authorization
Attorney for Defendant

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Harris v. Berryhill

Stipulation and Order

E.D. Cal. 1:16-cv-00384-GSA

ORDER

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Pursuant to the stipulation of the parties (Doc. 22), Plaintiff shall be awarded attorney’s fees under the Equal

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Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of SIX THOUSAND SIX HUNDRED dollars and

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ZERO cents ($6,600.00). Payment shall be made pursuant to Astrue v. Ratcliff, 130 S. Ct. 2521 (2010) in accordance
with the terms of the stipulation outlined above.

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IT IS SO ORDERED.
Dated:

November 15, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Harris v. Berryhill

Stipulation and Order

E.D. Cal. 1:16-cv-00384-GSA