(SS) Khy v. Commissioner of Social Security

Filing 17

ORDER on Stipulation for Award of Attorney's Fees Under the Equal Access to Justice Act (EAJA) signed by Magistrate Judge Jeremy D. Peterson on 10/15/2020. (Jessen, A)

Download PDF
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: jaf@forslundlaw.com Attorney for Plaintiff UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 8 9 10 11 12 13 14 15 SAVANN KHY, ) ) Plaintiff ) ) v. ) ) ANDREW M. SAUL, ) Commissioner of Social Security, ) ) Defendant ) ) ____________________________________) Case No. 1:20-CV-00185-JDP 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 ONE THOUSAND SIX 19 HUNDRED AND FORTY TWO dollars and ZERO cents ($1,642.00). This amount represents 20 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this 21 civil action, in accordance with 28 U.S.C. sec. 2412(d). 22 23 24 25 26 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 27 it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset under Astrue v. 28 Ratcliff, 130 S.Ct. 2521 (2010) and the Department of Treasury’s Offset Program, then the check for 1 1 EAJA fees and expenses shall be made payable to Jacqueline A. Forslund, based upon Plaintiff’s 2 assignment of these amounts to Plaintiff’s attorney. The parties agree that whether these checks are 3 made payable to Plaintiff or Jacqueline A. Forslund, such checks shall be mailed to Plaintiff’s 4 5 attorney at the following address: Jacqueline A. Forslund, Forslund Law LLC, P.O. Box 4476, 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 6 under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, 7 and bar to, any and all claims that Plaintiff and/or Plaintiff’s Counsel may have relating to EAJA 8 attorney fees in connection with this action. 9 Respectfully submitted, 10 11 Date: October 7, 2020 12 JACQUELINE A. FORSLUND Attorney at Law 13 /s/Jacqueline A. Forslund JACQUELINE A. FORSLUND Attorney for Plaintiff 14 15 16 17 18 Date: October 8, 2020 MCGREGOR W. SCOTT United States Attorney DEBORAH STACHEL Regional Chief Counsel, Region IX Social Security Administration 19 20 21 22 /s/S. Wyeth McAdam S. WYETH MCADAM Special Assistant United States Attorney *By email authorization Attorney for Defendant 23 24 25 26 27 28 2 ORDER 1 2 3 The parties’ stipulation for the award of EAJA fees is approved and so ordered. IT IS SO ORDERED. 4 5 6 Dated: October 15, 2020 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?