Vasquez v. Commissioner of Social Security

Filing 28

STIPULATION AND ORDER signed by Magistrate Judge Edmund F. Brennan on 6/1/2015 AWARDING the plaintiff SIX THOUSAND TWO HUNDRED DOLLARS and ZERO CENTS ($6,200.00) in attorney's fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. sec. 2412(d). (Michel, G.)

KELSEY MACKENZIE BROWN, CA 263109
Dellert Baird Law Office, PLLC
P.O. Box 3757
Silverdale, WA 98383
Telephone:
Fax:
Email:

360-329-6968
360-329-6968
[e-mail]

Attorney for Plaintiff

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

ONESSIMO VASQUEZ,

)
)
Plaintiff,
)
)
)
)
CAROLYN W. COLVIN,
)
Acting Comm’r of Social Security,
)
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Defendant,
)
__________________________________ )

Case No. 2:14-cv-01547-EFB
STIPULATION AND PROPOSED
ORDER FOR EAJA FEES AND
EXPENSES

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 and
expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. sec. 2412(d), in the amount
of SIX THOUSAND TWO HUNDRED dollars and ZERO cents ($6,200.00).
After the Court issues an order for 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 whether they are subject to an
offset.
Vasquez v. Colvin
E.D. Cal. 2:14-cv-01547-EFB

Stipulation and Proposed Order for EAJA Fees

If it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset
under Astrue v. Ratcliff, 130 S.Ct. 2521 (2010) and The Department of Treasury’s Offset
Program, then the check for EAJA fees and expenses shall be made payable to Dellert Baird Law
Offices, PLLC, 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 Dellert Baird Law
Offices, PLLC, such checks shall be mailed to Plaintiff’s attorney at the following address:
Dellert Baird Law Offices, PLLC, P.O. Box 3757, Silverdale, WA 98383.

Respectfully submitted,
Date: May 22, 2015

KELSEY MACKENZIE BROWN
Attorney at Law
/s/Jacqueline A. Forslund
For KELSEY MACKENZIE BROWN
Attorney for Plaintiff

Date: May 26, 2015

BENJAMIN WAGNER
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel, Region IX
Social Security Administration
/s/*Richard Rodriguez
RICHARD RODRIGUEZ
Special Assistant United States Attorney
*By email authorization
Attorney for Defendant
ORDER

APPROVED AND SO ORDERED.
DATED: June 1, 2015.

Vasquez v. Colvin
E.D. Cal. 2:14-cv-01547-EFB

Stipulation and Proposed Order for EAJA Fees