(SS) Maxwell v. Commissioner of Social Security ( 2022 )

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 JEALENA MAXWELL, ) Case No. 2:21-CV-00680-DMC 9 ) 10 Plaintiff ) STIPULATION AND ) ORDER 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, ) ) 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 ONE THOUSAND EIGHTY-SEVEN dollars and SEVENTY cents ($1,087.70) under the 19 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of four hundred 20 dollars ($402.00) under 28 U.S.C. § 1920. This amount represents compensation for all legal 21 services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance 22 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: February 13, 2022 JACQUELINE A. FORSLUND Attorney at Law 14 15 /s/Jacqueline A. Forslund 16 JACQUELINE A. FORSLUND Attorney for Plaintiff 17 Date: February 13, 2022 PHILLIP A. TALBERT 18 Acting United States Attorney 19 CHRISTOPHER HARRIS Regional Chief Counsel, Region VI 20 Social Security Administration 21 /s/Kendall Rees 22 KENDALL REES Special Assistant United States Attorney 23 *By email authorization Attorney for Defendant 24 25 26 27 28 nn enn meen en nn nnn nnn nen EO EEE II ON 1 ORDER 2 || APPROVED AND SO ORDERED 3 4 || Dated: February 16, 2022 Seco 5 DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Maxwell v. Kijakazi Stipulation and Proposed Order E.D. Cal. 2:21-cv-00680-DMC