(SS) Pratt v. Commissioner of Social Security ( 2024 )

FORSLUND LAW, LLC 1 Jacqueline A. Forslund # 154575 2 P.O. Box 4476 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 DANIEL JOSEPH PRATT, ) No. 2:22-cv-2152 DB 9 ) Plaintiff ) STIPULATION AND 10 ) ORDER FOR AWARD OF ATTORNEY’S 11 v. ) FEES UNDER THE EQUAL ACCESS TO ) JUSTICE ACT (EAJA) 12 KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) 13 ) 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 FIFTEEN THOUSAND 19 dollars and ZERO cents ($15,000.00). This amount represents compensation for all legal services 20 rendered on behalf 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 23 Plaintiff’s attorney. The government’s ability to honor the assignment will depend on whether the 24 fees and expenses are subject to an offset allowed under the United States Department of the 25 Treasury’s Offset Program pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010). After the order of 26 EAJA fees and expenses is entered, the government will determine if they are subject to an offset. If 27 it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset under Astrue v. 28 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 Plaintiff’s 1 assignment of these amounts to Plaintiff’s attorney. The parties agree that whether these checks are 2 made payable to Plaintiff or Jacqueline A. Forslund, such checks shall be mailed to Plaintiff’s 3 attorney. This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 4 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 5 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar 6 to, any and all claims that Plaintiff and/or Plaintiff’s Counsel may have relating to EAJA attorney 7 fees in connection with this action. 8 9 Respectfully submitted, 10 Date: December 21, 2023 JACQUELINE A. FORSLUND Attorney at Law 11 12 /s/Jacqueline A. Forslund 13 JACQUELINE A. FORSLUND Attorney for Plaintiff 14 Date: December 22, 2023 PHILLIP A. TALBERT 15 United States Attorney 16 17 /s/Michelle A. Pavelek MICHELLE A. PAVELEK 18 Special Assistant United States Attorney 19 *By email authorization Attorney for Defendant 20 ORDER 21 22 APPROVED AND SO ORDERED. 23 DATED: January 2, 2024 /s/ DEBORAH BARNES 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 28