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

FORSLUND LAW, LLC 1 Jacqueline A. Forslund # 154575 P.O. Box 4476 2 Sunriver, OR 97707 3 Telephone: 541-419-0074 Fax: 541-593-4452 4 Email: jaf@forslundlaw.com 5 Attorney for Plaintiff 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 DONNA J. BLANCETT, ) Case No. 1:20-CV-00253-SKO ) 9 Plaintiff ) STIPULATION AND ORDER FOR 10 ) AWARD OF ATTORNEY’S FEES UNDER v. ) THE EQUAL ACCESS TO JUSTICE ACT 11 ) (EAJA) KILOLO KIJAKAZI1, ) 12 Acting Commissioner of Social Security, ) (Doc. 28) ) 13 Defendant ) 14 ) ____________________________________) 15 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 16 subject to the approval of the Court, that Plaintiff shall be awarded attorney’s fees under the Equal 17 Access to Justice Act (EAJA), 28 U.S.C. sec. 2412(d), in the amount of NINE THOUSAND THREE 18 HUNDRED AND FIFTY dollars and ZERO cents ($9,350.00). This amount represents 19 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this 20 civil action, in accordance with 28 U.S.C. sec. 2412(d). After the Court issues an order for payment of EAJA fees and expenses to Plaintiff, the 21 government will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to 22 Plaintiff’s attorney. The government’s ability to honor the assignment will depend on whether the 23 fees and expenses are subject to an offset allowed under the United States Department of the 24 Treasury’s Offset Program pursuant to Astrue v. Ratcliff, 130 S.Ct. 2521 (2010). After the order of 25 1 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule 25(d) 26 of the Federal Rules of Civil Procedure, Kilolo Kijakazi should be substituted, therefore, for Andrew Saul as the defendant in this suit. No further action need be taken to continue this suit by reason of the last 27 sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). EAJA fees and expenses is entered, the government will determine if they are subject to an offset. If 1 it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset under Astrue v. 2 Ratcliff, 130 S.Ct. 2521 (2010) and the Department of Treasury’s Offset Program, then the check for 3 EAJA fees and expenses shall be made payable to Jacqueline A. Forslund, based upon Plaintiff’s 4 assignment of these amounts to Plaintiff’s attorney. The parties agree that whether these checks are 5 made payable to Plaintiff or Jacqueline A. Forslund, such checks shall be mailed to Plaintiff’s attorney. This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 6 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 7 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar 8 to, any and all claims that Plaintiff and/or Plaintiff’s Counsel may have relating to EAJA attorney 9 fees in connection with this action. 10 11 12 Respectfully submitted, 13 Date: August 2, 2021 JACQUELINE A. FORSLUND Attorney at Law 14 15 /s/Jacqueline A. Forslund 16 JACQUELINE A. FORSLUND Attorney for Plaintiff 17 Date: August 2, 2021 PHILIP A. TALBERT 18 Acting United States Attorney DEBORAH STACHEL 19 Regional Chief Counsel, Region IX 20 Social Security Administration 21 /s/Marcel Illarmo MARCELO ILLARMO 22 Special Assistant United States Attorney *By email authorization 23 Attorney for Defendant 24 25 26 27 1 ORDER 2 Based upon the parties’ above “Stipulation for Award of Attorney’s Fees Under the Equal 3 Access to Justice Act (EAJA)” (the “Stipulation”) (Doc. 28), 4 IT IS HEREBY ORDERED that attorney fees in the amount of NINE THOUSAND THREE 5 HUNDRED AND FIFTY dollars and ZERO cents ($9,350.00) under the Equal Access to Justice Act, 6 28 U.S.C. § 2412(d), be awarded subject to the terms of the Stipulation. 7 8 IT IS SO ORDERED. 9 10 Dated: August 3, 2021 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27