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

1 FORSLUND LAW, LLC Jacqueline A. Forslund # 154575 2 P.O. Box 4476 Sunriver, OR 97707 3 Telephone: 541-419-0074 4 Fax: 541-593-4452 Email: jaf@forslundlaw.com 5 Attorney for Plaintiff 6 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 KIM BRANDY SIMS, ) Case No. 1:18-CV-1219-LJO-SAB 9 ) 10 Plaintiff ) STIPULATION AND PROPOSED ) ORDER FOR AWARD OF ATTORNEY’S 11 v. ) FEES UNDER THE EQUAL ACCESS TO ) JUSTICE ACT (EAJA) 12 ANDREW M. SAUL, ) 13 Commissioner of Social Security, ) (ECF No. 23) ) 14 Defendant ) ) 15 ____________________________________) 16 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 17 subject to the approval of the Court, that Plaintiff shall be awarded attorney’s fees under the Equal 18 Access to Justice Act (EAJA), 28 U.S.C. sec. 2412(d), in the amount of SIX THOUSAND dollars 19 and ZERO cents ($6,000.00). This amount represents compensation for all legal services rendered on 20 behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. sec. 21 2412(d). 22 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 23 Plaintiff’s attorney. The government’s ability to honor the assignment will depend on whether the 24 fees and expenses are subject to an offset allowed under the United States Department of the 25 Treasury’s Offset Program pursuant to Astrue v. Ratcliff, 130 S.Ct. 2521 (2010). After the order of 26 EAJA fees and expenses is entered, the government will determine if they are subject to an offset. If 27 it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset under Astrue v. 28 Ratcliff, 130 S.Ct. 2521 (2010) and the Department of Treasury’s Offset Program, then the check for 1 EAJA fees and expenses shall be made payable to Jacqueline A. Forslund, based upon Plaintiff’s 2 assignment of these amounts to Plaintiff’s attorney. The parties agree that whether these checks are made payable to Plaintiff or Jacqueline A. Forslund, such checks shall be mailed to Plaintiff’s 3 attorney at the following address: Jacqueline A. Forslund, Forslund Law LLC, P.O. Box 4476, 4 Sunriver, Oregon 97707. This stipulation constitutes a compromise settlement of Plaintiff’s request 5 for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant 6 under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, 7 and bar to, any and all claims that Plaintiff and/or Plaintiff’s Counsel may have relating to EAJA 8 attorney fees in connection with this action. 9 10 Respectfully submitted, 11 Date: October 30, 2019 JACQUELINE A. FORSLUND Attorney at Law 12 13 /s/Jacqueline A. Forslund 14 JACQUELINE A. FORSLUND Attorney for Plaintiff 15 16 Date: October 30, 2019 MCGREGOR W. SCOTT United States Attorney 17 DEBORAH STACHEL Regional Chief Counsel, Region IX 18 Social Security Administration 19 /s/S. Wyeth McAdam 20 S. WYETH MCADAM Special Assistant United States Attorney 21 *By email authorization 22 Attorney for Defendant 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 2 ORDER 3 IT IS HEREBY ORDERED that fees in the amount of SIX THOUSAND DOLLARS 4 ($6,000.00) as authorized by 28 U.S.C. § 2412 are awarded subject to the terms of the stipulation of 5 the parties. 6 7 IT IS SO ORDERED. 8 Dated: October 31, 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