Neeley v. Commissioner of Social Security

Filing 27

STIPULATION and ORDER for EAJA FEES signed by Magistrate Judge Kendall J. Newman on 01/29/16. (Benson, A)

JACQUELINE A. FORSLUND CSBN 154575
Attorney at Law
P.O. Box 4476
Sunriver, OR 97707
Telephone:
Fax:
Email:

541-419-0074
541-593-4452
[e-mail]

Attorney for Plaintiff
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

JENNIFER F. NEELEY,
Plaintiff,

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

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Case No. 2:14-cv-02903-KJN
STIPULATION AND
ORDER FOR EAJA FEES

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 dollars and ZERO cents ($6,000.00). This amount represents
compensation for all legal services rendered on behalf of plaintiff by counsel in connection with
this civil action, in accordance with 28 U.S.C. sec. 2412(d).
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 if they are subject to an offset.
Neeley v. Colvin
E.D. Cal. 2:14-cv-02903-KJN

Stipulation and Order for EAJA

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 Jacqueline A.
Forslund, based upon Plaintiff’s assignment of these amounts to Plaintiff’s attorney. The parties
agree that whether the EAJA check is made payable to Plaintiff or Jacqueline A. Forslund such
check shall be mailed to Plaintiff’s attorney at the following address: Jacqueline A. Forslund,
Attorney at Law, P.O. Box 4476, Sunriver, OR 97707.
Respectfully submitted,
Date: January 19, 2016

JACQUELINE A. FORSLUND
Attorney at Law
/s/Jacqueline A. Forslund
JACQUELINE A. FORSLUND
Attorney for Plaintiff

Date: January 19, 2016

BENJAMIN WAGNER
United States Attorney
DEBORAH STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration
/s/Sharon Lahey
SHARON LAHEY
Special Assistant United States Attorney
*By email authorization
Attorney for Defendant

ORDER
APPROVED AND SO ORDERED.
Dated: January 29, 2016

Neeley v. Colvin
E.D. Cal. 2:14-cv-02903-KJN

Stipulation and Order for EAJA