(SS) Adney v. Commissioner of Social Security ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOEY ADNEY, No. 1:19-cv-00191-DAD-SAB 12 Plaintiff, 13 v. ORDER GIVING EFFECT TO STIPULATION FOR AWARD OF ATTORNEY’S FEES 14 ANDREW M. SAUL, Commissioner of UNDER THE EQUAL ACCESS TO JUSICE Social Security, ACT 15 Defendant. (Doc. No. 37) 16 17 18 On February 10, 2019, plaintiff Joey Adney filed this action seeking review of a final 19 decision of defendant Andrew M. Saul, the Commissioner of Social Security. (Doc. No. 1.) On 20 March 17, 2020, pursuant to the parties’ stipulation, the matter was remanded to the 21 Commissioner of Social Security for further proceedings pursuant to 42 U.S.C. § 405(g). (Doc. 22 Nos. 31, 35.) On April 15, 2020, the parties filed a stipulation with the court agreeing that 23 plaintiff shall be awarded attorney’s fees under the Equal Access to Justice Act (EAJA), 28 24 U.S.C. § 2412(d), in the amount of $8,500.00. (Doc. No. 37.) 25 Good cause appearing, and pursuant to the parties’ April 15, 2020 stipulation, the court 26 orders as follows: 27 1. Pursuant to the EAJA, 28 U.S.C. § 2412(d), plaintiff is awarded attorney’s fees in 28 the amount of $8,500.00; wOoe 4:40 □□ EY LOMA YAR MUO BO POO eer PAY ee 1 2. After the issuance of this order, the government shall consider the assignment of 2 the EAJA attorney’s fees to plaintiff's counsel, Jacqueline A. Forslund; 3 a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such 4 assignment will depend on whether the attorney’s fees are subject to any 5 offset allowed under the United States Department of Treasury’s □□□□□ 6 DOT”) Offset Program; 7 b. If the DOT determines that plaintiff does not owe a federal debt, then the 8 government shall cause the payment of attorney’s fees to be made directly 9 to plaintiffs counsel; 10 3. Whether the payment of attorney’s fees is made payable to plaintiff or to his 11 counsel, the check will be mailed to plaintiff's counsel’s mailing address at: 12 Jacqueline A. Forslund, Forslund Law LLC, P.O. Box 4476, Sunriver, Oregon 13 97707. 14 | IT IS SO ORDERED. a - Dated: _ April 27, 2020 J aL Al 5 7 a 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28