(SS)Manzano 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 BERNARDINO CABOT MANZANO, ) Case No. 2:18-CV-1397-CKD 9 ) 10 Plaintiff ) STIPULATION AND ) 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, ) ) 14 Defendant ) ) 15 ) 16 ____________________________________) 17 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 18 subject to the approval of the Court, that Plaintiff shall be awarded attorney’s fees under the Equal 19 Access to Justice Act (EAJA), 28 U.S.C. sec. 2412(d), in the amount of SEVEN THOUSAND dollars and ZERO cents ($7,000.00). 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 23 government will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to 24 Plaintiff’s attorney. The government’s ability to honor the assignment will depend on whether the 25 fees and expenses are subject to an offset allowed under the United States Department of the 26 Treasury’s Offset Program pursuant to Astrue v. Ratcliff, 130 S.Ct. 2521 (2010). After the order of 27 EAJA fees and expenses is entered, the government will determine if they are subject to an offset. If it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset under Astrue v. 28 1 || 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 3 || assignment of these amounts to Plaintiff's attorney. The parties agree that whether these checks are 1 made payable to Plaintiff or Jacqueline A. Forslund, such checks shall be mailed to Plaintiff's attorney at the following address: Jacqueline A. Forslund, Forslund Law LLC, P.O. Box 4476, 5 Sunriver, Oregon 97707. This stipulation constitutes a compromise settlement of Plaintiffs request 6 for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant 7 |) under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, 8 |! and bar to, any and all claims that Plaintiff and/or Plaintiffs Counsel may have relating to EAJA 9 || attorney fees in connection with this action. 10 11 Respectfully submitted, 12 ||Date: November 15, 2019 JACQUELINE A. FORSLUND Attorney at Law 13 14 /s/Jacqueline A. Forslund 15 JACQUELINE A. FORSLUND Attorney for Plaintiff 16 17 Date: November 15, 2019 MCGREGOR W. SCOTT United States Attorney 18 DEBORAH STACHEL Regional Chief Counsel, Region [X 19 Social Security Administration 20 /s/Sharon Lahey 21 SHARON LAHEY Special Assistant United States Attorney 22 *By email authorization 53 Attorney for Defendant 24 ORDER 25 || APPROVED AND SO ORDERED. 26 wy ? CF * ; Dated: November 19, 2019 / f) Ht f #BfAW 21 Cand. os ee ee ne CAROLYN K. DELANEY : 28 UNITED STATES MAGISTRATE JUDGE