Hebert v. Commissioner of Social Security

Filing 25

STIPULATION AND ORDER signed by Magistrate Judge Craig M. Kellison on 11/30/2016 AWARDING the plaintiff attorney's fees under the Equal Access to Justice Act in the amount of $4,650.00. (Michel, G.)

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JACQUELINE A. FORSLUND
Forslund Law, LLC
CSBN 154575
P.O. Box 4476
Sunriver, OR 97707
Telephone: [phone]
Fax:
541-593-4452
Email:
[e-mail]
Attorney for Plaintiff

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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SUSAN J. HEBERT,

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

Case No. 2:15-CV-2261-CMK
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,

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subject to the approval of the Court, that Plaintiff shall be awarded attorney’s fees under the Equal

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Access to Justice Act (EAJA), 28 U.S.C. sec. 2412(d), in the amount of FOUR THOUSAND SIX

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HUNDRED AND FIFTY dollars ($4,650.00). This amount represents compensation for all legal

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services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance
with 28 U.S.C. sec. 2412(d).

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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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EAJA fees and expenses is entered, the government will determine if they are subject to an offset. If

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it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset under Astrue v.
Hebert v. Colvin

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

Stipulation and Proposed Order

E.D. Cal. 2:15-cv-02261-CMK

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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

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made payable to Plaintiff or Jacqueline A. Forslund, such checks shall be mailed to Plaintiff’s
attorney at the following address: Jacqueline A. Forslund, P.O. Box 4476, Sunriver, Oregon 97707.

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This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney
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fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or

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otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any

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and all claims that Plaintiff and/or Plaintiff’s Counsel may have relating to EAJA attorney fees in

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connection with this action.

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Respectfully submitted,

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Date: November 28, 2016

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

Date: November 29, 2016

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PHILIP A. TALBERT
United States Attorney
DEBORAH STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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/s/Asim H. Modi
ASIM H. MODI
Special Assistant United States Attorney
*By email authorization
Attorney for Defendant

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ORDER

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APPROVED AND SO ORDERED
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Dated: November 30, 2016

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Hebert v. Colvin

Stipulation and Proposed Order

E.D. Cal. 2:15-cv-02261-CMK