(SS) Krummel 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 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 DAVID CHARLES KRUMMEL, ) Case No. 1:22-CV-00048-SKO 11 ) Plaintiff ) STIPULATION AND UNOPPOSED 12 ) MOTION FOR AWARD OF ATTORNEY’S 13 v. ) FEES UNDER THE EQUAL ACCESS TO ) JUSTICE ACT (EAJA); ORDER 14 KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) (Doc. 22) 15 ) 16 Defendant ) ) 17 ____________________________________) 18 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 19 subject to the approval of the Court, that Plaintiff shall be awarded attorney’s fees under the Equal 20 Access to Justice Act (EAJA), 28 U.S.C. sec. 2412(d), in the amount of FIVE THOUSAND FIVE 21 HUNDRED dollars and ZERO cents ($5,500.00). This amount represents compensation for all legal 22 services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. sec. 2412(d). 23 After the Court issues an order for payment of EAJA fees and expenses to Plaintiff, the 24 government will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to 25 Plaintiff’s attorney. The government’s ability to honor the assignment will depend on whether the 26 fees and expenses are subject to an offset allowed under the United States Department of the 27 Treasury’s Offset Program pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010). After the order of 28 EAJA fees and expenses is entered, the government will determine if they are subject to an offset. If 1 it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset under Astrue v. 2 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 3 assignment of these amounts to Plaintiff’s attorney. The parties agree that whether these checks are 4 made payable to Plaintiff or Jacqueline A. Forslund, such checks shall be mailed to Plaintiff’s 5 attorney. This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 6 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 7 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar 8 to, any and all claims that Plaintiff and/or Plaintiff’s Counsel may have relating to EAJA attorney 9 fees in connection with this action. 10 Respectfully submitted, 11 12 Date: September 8, 2023 JACQUELINE A. FORSLUND Attorney at Law 13 14 /s/Jacqueline A. Forslund 15 JACQUELINE A. FORSLUND Attorney for Plaintiff 16 Date: September 8, 2023 PHILLIP A. TALBERT 17 United States Attorney 18 19 /s/Caspar Chan CASPAR CHAN 20 Special Assistant United States Attorney 21 *By email authorization Attorney for Defendant 22 ORDER 23 24 Based upon the parties’ foregoing Stipulation and Unopposed Motion for the Award and 25 Payment of Equal Access to Justice Act Fees (the “Stipulation”) (Doc. 22), 26 27 28 1 IT IS ORDERED that fees in the amount of FIVE THOUSAND FIVE HUNDRED dollars 2 and ZERO cents ($5,500.00) as authorized by the Equal Access to Justice Act (EAJA), 28 U.S.C. § 3 2412(d), be awarded subject to the terms of the Stipulation. 4 5 IT IS SO ORDERED. 6 7 Dated: September 11, 2023 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28