(SS) Juanita Jones v. Commissioner of Social Security ( 2022 )

1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 JUANITA JONES, ) Case No. 1:20-CV-01554-GSA 4 ) Plaintiff ) STIPULATION AND PROPOSED 5 ) ORDER FOR AWARD OF ATTORNEY’S v. ) FEES AND COSTS PURSUANT TO 6 ) 28 U.S.C. §§ 1920 AND 2412(d). 7 KILOLO KIJAKAZI, ) 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 be awarded attorney fees and expenses in the 13 amount of NINE THOUSAND dollars and ZERO cents ($9,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of four hundred dollars ($400.00) 14 under 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on 15 behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 16 1920; 2412(d). 17 After the Court issues an order for payment of EAJA fees and expenses to Plaintiff, the 18 government will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to 19 Plaintiff’s attorney. The government’s ability to honor the assignment will depend on whether the 20 fees and expenses are subject to an offset allowed under the United States Department of the 21 Treasury’s Offset Program pursuant to Astrue v. Ratcliff, 130 S.Ct. 2521 (2010). After the order of 22 EAJA fees and expenses is entered, the government will determine if they are subject to an offset. If it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset under 23 Astrue v. Ratcliff, 130 S.Ct. 2521 (2010) and the Department of Treasury’s Offset Program, then the 24 check for EAJA fees and expenses shall be made payable to Jacqueline A. Forslund, based upon 25 Plaintiff’s assignment of these amounts to Plaintiff’s attorney. 26 The parties agree that whether these checks are made payable to Plaintiff or Jacqueline A. 27 Forslund, such checks shall be mailed to Plaintiff’s attorney. 28 1 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 2 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 3 and all claims that Plaintiff and/or Plaintiff’s Counsel may have relating to EAJA attorney fees in 4 connection with this action. 5 6 Respectfully submitted, 7 Date: April 11, 2022 JACQUELINE A. FORSLUND 8 Attorney at Law 9 10 /s/Jacqueline A. Forslund JACQUELINE A. FORSLUND 11 Attorney for Plaintiff 12 Date: April 11, 2022 PHILLIP A. TALBERT 13 United States Attorney PETER K. THOMPSON 14 Acting Regional Chief Counsel, Region IX Social Security Administration 15 16 /s/Daniel P. Talbert DANIEL P. TALBERT 17 Special Assistant United States Attorney *By email authorization 18 Attorney for Defendant 19 20 21 22 23 ORDER 24 IT IS SO ORDERED. 25 26 Dated: April 12, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28