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

1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 OMAR MURO, ) Case No. 1:21-CV-00685-GSA 4 ) Plaintiff ) STIPULATION AND PROPOSED 5 ) ORDER FOR AWARD OF ATTORNEY’S v. ) FEES UNDER THE EQUAL ACCESS TO 6 ) JUSTICE ACT (EAJA) 7 KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) 8 ) Defendant ) 9 ) 10 ____________________________________) 11 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 12 subject to the approval of the Court, that Plaintiff shall be awarded attorney’s fees under the Equal 13 Access to Justice Act (EAJA), 28 U.S.C. sec. 2412(d), in the amount of TWO THOUSAND EIGHT HUNDRED AND EIGHTY-FIVE dollars and FORTY-NINE cents ($2,885.49). This amount 14 represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection 15 with this civil action, in accordance with 28 U.S.C. sec. 2412(d). 16 After the Court issues an order for payment of EAJA fees and expenses to Plaintiff, the 17 government will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to 18 Plaintiff’s attorney. The government’s ability to honor the assignment will depend on whether the 19 fees and expenses are subject to an offset allowed under the United States Department of the 20 Treasury’s Offset Program pursuant to Astrue v. Ratcliff, 130 S.Ct. 2521 (2010). After the order of 21 EAJA fees and expenses is entered, the government will determine if they are subject to an offset. If 22 it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset under Astrue v. Ratcliff, 130 S.Ct. 2521 (2010) and the Department of Treasury’s Offset Program, then the check for 23 EAJA fees and expenses shall be made payable to Jacqueline A. Forslund, based upon Plaintiff’s 24 assignment of these amounts to Plaintiff’s attorney. The parties agree that whether these checks are 25 made payable to Plaintiff or Jacqueline A. Forslund, such checks shall be mailed to Plaintiff’s 26 attorney. This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 27 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 28 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar 1 to, any and all claims that Plaintiff and/or Plaintiff’s Counsel may have relating to EAJA attorney 2 fees in connection with this action. 3 Respectfully submitted, 4 5 Date: April 11, 2022 JACQUELINE A. FORSLUND Attorney at Law 6 7 /s/Jacqueline A. Forslund 8 JACQUELINE A. FORSLUND Attorney for Plaintiff 9 Date: April 11, 2022 PHILLIP A. TALBERT 10 United States Attorney LISA A. THOMAS 11 Regional Chief Counsel, Region VII 12 Social Security Administration 13 /s/ Sarah E. Preston SARAH E. PRESTON 14 Special Assistant United States Attorney 15 *By email authorization Attorney for Defendant 16 ORDER 17 18 IT IS SO ORDERED. 19 Dated: April 11, 2022 /s/ Gary S. Austin 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28