(SS) Golden v. Commissioner of Social Security ( 2023 )

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 CHERYL LINETTE GOLDEN, ) Case No. 1:22-CV-01656-SKO 9 ) 10 Plaintiff ) STIPULATION AND UNOPPOSED ) MOTION FOR AWARD OF ATTORNEY’S 11 v. ) FEES AND COSTS PURSUANT TO ) 28 U.S.C. §§ 1920 AND 2412(d) 12 KILOLO KIJAKAZI, ) 13 Commissioner of Social Security, ) (Doc. 22) ) 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 EIGHT THOUSAND FIVE HUNDRED AND TWO dollars and FORTY-THREE cents 19 ($8,502.43) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the 20 amount of FOUR HUNDRED AND TWO dollars and ZERO cents ($402.00) under 28 U.S.C. 21 § 1920. This amount represents compensation for all legal services rendered on behalf of Plaintiff by 22 counsel in connection with this civil action, in accordance with 28 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 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 7 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 8 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 9 and all claims that Plaintiff and/or Plaintiff’s Counsel may have relating to EAJA attorney fees in 10 connection with this action. 11 Respectfully submitted, 12 13 Date: December 15, 2023 JACQUELINE A. FORSLUND Attorney at Law 14 15 /s/Jacqueline A. Forslund 16 JACQUELINE A. FORSLUND Attorney for Plaintiff 17 Date: December 15, 2023 PHILLIP A. TALBERT 18 United States Attorney 19 MATHEW W. PILE Associate General Counsel 20 Office of Program Litigation, Office 7 21 22 /s/James Ki JAMES KI 23 Special Assistant United States Attorney *By email authorization 24 Attorney for Defendant 25 26 27 28 1 ORDER 2 Based upon the parties’ foregoing Stipulation and Unopposed Motion for the Award of 3 4 Attorney’s Fees and Costs (the “Stipulation”) (Doc. 22), 5 IT IS ORDERED that attorney fees and expenses in the amount of EIGHT THOUSAND 6 FIVE HUNDRED AND TWO dollars and FORTY-THREE cents ($8,502.43) under the Equal 7 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of FOUR HUNDRED 8 AND TWO dollars and ZERO cents ($402.00) under 28 U.S.C. § 1920, be awarded subject to the 9 10 terms of the Stipulation. 11 IT IS SO ORDERED. 12 13 Dated: December 18, 2023 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28