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

1 PHILLIP A. TALBERT United States Attorney 2 MATHEW W. PILE Associate General Counsel 3 Office of Program Litigation, Office 7 JULIE A.K. CUMMINGS (HI, 10635) 4 Special Assistant United States Attorney 5 Office of Program Litigation, Office 7 Office of the General Counsel 6 Social Security Administration 6401 Security Boulevard 7 Baltimore, MD 21235 410-966-1551 8 julie.cummings@ssa.gov 9 Attorneys for Defendant 10 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 14 15 MARTY LEN HAYWORTH, Civil No. 2:22-cv-02109-JDP 16 17 Plaintiff, STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND 18 vs. EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 19 KILOLO KIJAKAZI, Acting Commissioner of § 2412(d), AND COSTS PURSUANT TO Social Security, 28 U.S.C. § 1920 20 21 Defendant. 22 23 IT IS HEREBY STIPULATED by and between the parties through their undersigned 24 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the 25 amount $ 10,379.33 (TEN THOUSAND, THREE HUNDRED, SEVENTY-NINE dollars and 26 THIRTY-THREE cents) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), 27 and costs in the amount of $402.00 (FOUR HUNDRED TWO dollars and ZERO cents) under 28 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of 1 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2 2412(d). 3 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 4 the matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant to Astrue v. Ratliff, 5 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor any assignment 6 will depend on whether the fees are subject to any offset allowed under the United States 7 Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 8 government will determine whether they are subject to any offset. Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 9 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 10 expenses and costs to be made directly to counsel, pursuant to the assignment executed by 12 Plaintiff. Any payments made shall be delivered to counsel. 13 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 14 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 15 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 16 bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating 17 to EAJA attorney fees or costs in connection with this action. 18 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 19 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 20 provisions of the EAJA. 21 Respectfully submitted, 22 Date: December 18, 2023 Forslund Law LLC 23 By: /s/ Jacqueline Anna Forslund JACQUELINE ANNA FORSLUND 24 (as authorized by email) 25 Attorney for Plaintiff 26 27 28 1 Date: December 18, 2023 PHILLIP A. TALBERT United States Attorney 2 MATHEW W. PILE 3 Associate General Counsel 4 Office of Program Litigation, Office 7 Social Security Administration 5 By: /s/Julie A.K. Cummings 6 JULIE A.K. CUMMINGS Special Assistant United States Attorney 7 Office of Program Litigation, Office 7 8 Social Security Administration 9 Attorney for Defendant 10 ORDER B Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 4 Justice Act Fees, Costs, and Expenses, IT IS ORDERED that fees in the amount of $ 10,379.33 5 as authorized by 28 U.S.C. § 2412, and costs in the amount of $402.00 as authorized by 28 6 U.S.C. § 1920, be awarded subject to the terms of the Stipulation. 7 IT IS SO ORDERED. 18 □ _ Dated: _ December 18, 2023 Q————. 19 JEREMY D. PETERSON 0 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28