(SS) Kasbarian v. Commissioner of Social Security ( 2019 )

1 2 3 4 5 FORSLUND LAW, LLC Jacqueline A. Forslund # 154575 6 P.O. Box 4476 7 Sunriver, OR 97707 Telephone: 541-419-0074 8 Fax: 541-593-4452 Email: jaf@forslundlaw.com 9 10 Attorney for Plaintiff 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 12 13 SHANT R. KASBARIAN, ) Case No. 1:18-cv-00122-LJO-SAB ) 14 Plaintiff ) STIPULATION AND ) ORDER FOR AWARD OF ATTORNEY’S 15 v. ) FEES AND COSTS PURSUANT TO 16 ) 28 U.S.C. §§ 1920 AND 2412(d). COMMISSIONER OF SOCIAL ) 17 SECURITY, ) ) 18 Defendant ) 19 ____________________________________) 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 21 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the 22 amount of SEVEN THOUSAND FIVE HUNDRED dollars and ZERO cents ($7,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of four hundred 23 dollars ($400.00) under 28 U.S.C. § 1920. This amount represents compensation for all legal 24 services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance 25 with 28 U.S.C. §§ 1920; 2412(d). 26 After the Court issues an order for payment of EAJA fees and expenses to Plaintiff, the 27 government will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to 28 Plaintiff’s attorney. The government’s ability to honor the assignment will depend on whether the 1 fees and expenses are subject to an offset allowed under the United States Department of the 2 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. 3 If it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset under 4 Astrue v. Ratcliff, 130 S. Ct. 2521 (2010) and the Department of Treasury’s Offset Program, then the 5 check for EAJA fees and expenses shall be made payable to Jacqueline A. Forslund, based upon 6 Plaintiff’s assignment of these amounts to Plaintiff’s attorney. 7 The parties agree that whether these checks are made payable to Plaintiff or Jacqueline A. 8 Forslund, such checks shall be mailed to Plaintiff’s attorney at the following address: Jacqueline A. 9 Forslund, Forslund Law LLC, P.O. Box 4476, Sunriver, Oregon 97707. 10 The parties further agree that the check for costs shall be made payable to Shant Kasbarian, but mailed to Plaintiff’s attorney at the following address: Jacqueline A. Forslund, Forslund Law 11 LLC, P.O. Box 4476, Sunriver, Oregon 97707. After Plaintiff’s attorney receives the check for costs, 12 she will forward the check to Plaintiff. 13 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 14 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 15 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 16 and all claims that Plaintiff and/or Plaintiff’s Counsel may have relating to EAJA attorney fees in 17 connection with this action. 18 19 Respectfully submitted, 20 Date: August 15, 2019 JACQUELINE A. FORSLUND Attorney at Law 21 22 /s/Jacqueline A. Forslund 23 JACQUELINE A. FORSLUND Attorney for Plaintiff 24 Date: August 15, 2019 MCGREGOR W. SCOTT 25 United States Attorney 26 DEBORAH STACHEL Regional Chief Counsel, Region IX 27 Social Security Administration 28 1 /s/Marcelo Illarmo MARCELO ILLARMO 2 Special Assistant United States Attorney *By email authorization 3 Attorney for Defendant 4 ORDER 5 The above stipulation is APPROVED. 6 7 IT IS SO ORDERED. 8 Dated: August 16, 2019 /s/ Lawrence J. O’Neill _____ 9 UNITED STATES CHIEF DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28