(SS) Madrid 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 FRANK FERNANDO MADRID, ) Case No. 2:19-CV-01421-KJM-KJN 9 ) 10 Plaintiff ) STIPULATION AND ) ORDER FOR AWARD OF ATTORNEY’S 11 v. ) FEES AND COSTS PURSUANT TO ) 28 U.S.C. §§ 1920 AND 2412(d). 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 be awarded attorney fees and expenses in the 18 amount of SIX THOUSAND FIVE HUNDRED dollars and ZERO cents ($6,500.00) under the Equal 19 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of four hundred dollars 20 ($400.00) under 28 U.S.C. § 1920. This amount represents compensation for all legal services 21 rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 22 U.S.C. §§ 1920; 2412(d). 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. 28 1 If it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset under 2 Astrue v. 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 3 Plaintiff’s assignment of these amounts to Plaintiff’s attorney. 4 The parties agree that whether these checks are made payable to Plaintiff or Jacqueline A. 5 Forslund, such checks shall be mailed to Plaintiff’s attorney. 6 The parties further agree that the check for costs shall be made payable to Frank Fernando 7 Madrid, but mailed to Plaintiff’s attorney. After Plaintiff’s attorney receives the check for costs, she 8 will forward the check to Plaintiff. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 10 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 11 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s Counsel may have relating to EAJA attorney fees in 12 connection with this action. 13 14 Respectfully submitted, 15 Date: April 12, 2021 JACQUELINE A. FORSLUND 16 Attorney at Law 17 18 /s/Jacqueline A. Forslund JACQUELINE A. FORSLUND 19 Attorney for Plaintiff 20 Date: April 12, 2021 MCGREGOR W. SCOTT 21 United States Attorney DEBORAH STACHEL 22 Regional Chief Counsel, Region IX Social Security Administration 23 24 /s/Michael Marriott MICHAEL MARRIOTT 25 Special Assistant United States Attorney *By email authorization 26 Attorney for Defendant 27 28 eee IOI IE EI OIE ONE I EO EO 1 ORDER 2 3 APPROVED AND SO ORDERED 4 |)Dated: April 13, 2021 Frese Abr madr.1421 6 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Madrid v. Saul Stipulation and Order E.D. Cal. 2:19-cv-01421-KJM-KJN