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

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GARY G. LOCKHART, No. 1:20-cv-01336-DAD-EPG 12 Plaintiff, 13 v. ORDER GIVING EFFECT TO STIPULATION FOR AWARD OF ATTORNEY’S FEES 14 ANDREW SAUL, Commissioner of Social UNDER THE EQUAL ACCESS TO JUSICE Security, ACT 15 Defendant. (Doc. No. 19) 16 17 18 On June 15, 2021, plaintiff Gary G. Lockhart 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 May 14, 2021, the matter was remanded to the Commissioner of Social Security for further 21 proceedings pursuant to 42 U.S.C. § 405(g). (Doc. No. 17.) On June 15, 2021, the parties filed a 22 stipulation with the court in which the parties agree that plaintiff shall be awarded attorney’s fees 23 under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of 24 $1,412.90. (Doc. No. 19.) 25 Good cause appearing, and pursuant to the parties’ June 15, 2021 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 $1,412.90; 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; 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 (“the 6 DOT”) Offset Program; 7 b. Fees shall be made payable to plaintiff, but if the DOT determines that 8 plaintiff does not owe a federal debt, then the government shall cause the 9 payment of attorney’s fees to be made directly to plaintiff's counsel, 10 Jacqueline A. Forslund; 11 3. Whether the payment of attorney’s fees is made payable to plaintiff or to his 12 counsel, the check will be mailed to plaintiff's counsel’s mailing address at: 13 Jacqueline A. Forslund 4 Forslund Law, LLC P.O. Box 4476 15 Sunriver, OR 97707 16 IT IS SO ORDERED. ame 17 \ ws, ii A, A So 18 Dated: _ June 16, 2021 Hee 19 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28