Molina v. Commissioner of Social Security

Filing 21

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/7/2019 IT IS SO ORDERED that Plaintiff shall be awarded attorney's fees under the Equal Access to Justice Act, 28:2412(d), in the amount of $5,600.00. This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28:2412(d). (Reader, L)

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FORSLUND LAW, LLC
Jacqueline A. Forslund # 154575
P.O. Box 4476
Sunriver, OR 97707
Telephone:
541-419-0074
Fax:
541-593-4452
Email:
[e-mail]
Attorney for Plaintiff
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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LEILANI MOLINA,

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

Case No. 2:17-CV-01991-CKD
STIPULATION AND PROPOSED
ORDER FOR AWARD OF ATTORNEY’S
FEES UNDER THE EQUAL ACCESS TO
JUSTICE ACT (EAJA)

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

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HUNDRED dollars and ZERO cents ($5,600.00). 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

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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
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.
Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that
Plaintiff does not owe a federal debt, then the government shall cause the payment of fees and
Molina v. Berryhill

Stipulation and Proposed Order

E.D. Cal. 2:17-cv-01991-CKD

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expenses to be made directly to Jacqueline A. Forslund, pursuant to the assignment executed by

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Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel at the following address:

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Jacqueline A. Forslund, Forslund Law LLC, P.O. Box 4476, Sunriver, Oregon 97707. This

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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 under the EAJA or otherwise.
Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims

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that Plaintiff and/or Plaintiff’s Counsel may have relating to EAJA attorney fees in connection with
this action.

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Respectfully submitted,
Date: March 5, 2019

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: March 6, 2019

MCGREGOR W. SCOTT
United States Attorney
DEBORAH STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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/s/Chantal R. Jenkins
CHANTAL R. JENKINS
Special Assistant United States Attorney
*By email authorization
Attorney for Defendant

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ORDER
APPROVED AND SO ORDERED

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Dated: March 7, 2019

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Molina v. Berryhill

Stipulation and Proposed Order

E.D. Cal. 2:17-cv-01991-CKD