(SS) Kisner v. Commissioner of Social Security ( 2021 )

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 JESSICA R. KISNER, ) Case No. 2:19-CV-00673-EFB 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, ) ) 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 EIGHT THOUSAND FIVE 19 HUNDRED dollars and ZERO cents ($8,500.00). This amount represents compensation for all legal 20 services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance 21 with 28 U.S.C. sec. 2412(d). After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 22 matter of Plaintiff’s assignment of EAJA fees to Jacqueline A. Forslund (Counsel). Pursuant 23 to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on 24 whether the fees are subject to any offset allowed under the United States Department of the 25 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 26 whether they are subject to any offset. Fees shall be made payable to Plaintiff, but if the Department 27 of the Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause 28 1 || the payment of fees, expenses and costs to be made directly to Counsel, pursuant to the assignment 2 executed by Plaintiff. Any payments made shall be delivered to Counsel. 3 The parties agree that whether these checks are made payable to Plaintiff or Jacqueline A. 4 Forslund, such checks shall be mailed to Jacqueline A. Forslund. This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees, and does not constitute an 5 admission of liability on the part of Defendant under the EAJA or otherwise. Payment of the agreed 6 amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 7 |! Plaintiff’ s Counsel may have relating to EAJA attorney fees in connection with this action. 8 9 Respectfully submitted, Date: December 23, 2020 JACQUELINE A. FORSLUND 41 Attorney at Law 12 /s/Jacqueline A. Forslund 13 JACQUELINE A. FORSLUND 14 Attorney for Plaintiff 15 Date: December 23, 2020 MCGREGOR W. SCOTT United States Attorney 16 DEBORAH STACHEL 19 Regional Chief Counsel, Region IX Social Security Administration 18 /s/Chantal Jenkins 19 CHANTAL JENKINS 20 Special Assistant United States Attorney *By email authorization 21 Attorney for Defendant 22 ORDER 23 APPROVED AND SO ORDERED. 24 2? 25 ||DATED: January 11, 2021. J i LZ Aba é 4 O——— 26 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 27 28 Kisner v. Saul Stipulation and Prepesed Order E.D. Cal. 2:19-cv-00673-EFB