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

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 ROBERTO A. CALDERON, ) Case No. 2:19-cv-00096-MCE-KJN 9 ) 10 Plaintiff ) STIPULATION AND ) 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 TWELVE THOUSAND 19 dollars ($12,000.00). This amount represents compensation for all legal services rendered on behalf 20 of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. sec. 2412(d). 21 After the Court issues an order for payment of EAJA fees and expenses to Plaintiff, the 22 government will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to 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 EAJA fees and expenses is entered, the government will determine if they are subject to an offset. If 26 it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset under Astrue v. 27 Ratcliff, 130 S. Ct. 2521 (2010) and the Department of Treasury’s Offset Program, then the check for 28 EAJA fees and expenses shall be made payable to Jacqueline A. Forslund, based upon Plaintiff’s WwOAOW 2.4h 7 VV UUUSV IVEY LING MVVULTICEI 2 VVceray rPaywt evre 1 || assignment of these amounts to Plaintiffs attorney. The parties agree that whether these checks are > ||made payable to Plaintiff or Jacqueline A. Forslund, such checks shall be mailed to Plaintiffs 3, || attorney at the following address: Jacqueline A. Forslund, Forslund Law LLC, P.O. Box 4476, 1 Sunriver, Oregon 97707. This stipulation constitutes a compromise settlement of Plaintiffs request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant 5 under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, 6 and bar to, any and all claims that Plaintiff and/or Plaintiff's Counsel may have relating to EAJA 7 attorney fees in connection with this action. 8 9 Respectfully submitted, Date: June 16, 2020 JACQUELINE A. FORSLUND 11 Attorney at Law 12 /s/Jacqueline A. Forslund JACQUELINE A. FORSLUND 1A Attorney for Plaintiff 15 ||Date: June 17, 2020 MCGREGOR W. SCOTT United States Attorney +6 DEBORAH STACHEL 17 Regional Chief Counsel, Region IX Social Security Administration 18 /s/Ellinor R. Coder 19 ELLINOR R. CODER 20 Special Assistant United States Attorney *By email authorization 21 Attorney for Defendant 22 ORDER 23 APPROVED AND SO ORDERED 24 25 Dated: June 22, 2020 26 —f’ Al i; Noreen 27 EENDALLJ.NE UNITED STATES MAGISTRATE JUDGE 28 Calderon v. Saul Stipulation and Order —_ ED. Cal. 2:19-cv-00096-MCE-KJN