(SS) Silva 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 GRACE ANN SILVA, ) Case No. 2:20-CV-02124-AC 9 ) 10 Plaintiff ) STIPULATION AND PROPOSED ) ORDER FOR AWARD OF ATTORNEY’S 11 v. ) FEES UNDER THE EQUAL ACCESS TO ) JUSTICE ACT (EAJA) 12 KILOLO KIJAKAZI, ) 13 Acting 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 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 EIGHT THOUSAND 19 THREE HUNDRED dollars and ZERO cents ($8,300.00). This amount represents compensation for 20 all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 21 accordance with 28 U.S.C. sec. 2412(d). 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. Ratcliff, 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 1 || EAJA fees and expenses shall be made payable to Jacqueline A. Forslund, based upon Plaintiff's > || assignment of these amounts to Plaintiff's attorney. The parties agree that whether these checks are 3 || made payable to Plaintiff or Jacqueline A. Forslund, such checks shall be mailed to Plaintiff's 1 attorney. This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 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 Plaintiffs Counsel may have relating to EAJA attorney ’ || fees in connection with this action. 8 9 Respectfully submitted, |!Date: May 19, 2022 JACQUELINE A. FORSLUND 11 Attorney at Law 12 /s/Jacqueline A. Forslund JACQUELINE A. FORSLUND 1A Attorney for Plaintiff 15 ||Date: May 19, 2022 PHILLIP A. TALBERT United States Attorney +6 PETER K. THOMPSON 7 Acting Regional Chief Counsel, Region IX Social Security Administration 18 /s/ Daniel P. Talbert +9 DANIEL P. TALBERT 50 Special Assistant United States Attorney *By email authorization 21 Attorney for Defendant 22 ORDER || APPROVED AND SO ORDERED 24 25 ; ~ yg ||DATED: May 20, 2022 Bhtttern—Chon—e_ ALLISON CLAIRE 27 UNITED STATES MAGISTRATE JUDGE 28 Silva v. Kijakazi Stipulation and Proposed Order ELD. Cal. 2:20-ev-02124-AC