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

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 KRISTI MARIE CARROLL, ) Case No. 2:23-CV-02549-SCR 9 ) 10 Plaintiff ) STIPULATION AND PROPOSED ) ORDER FOR AWARD OF ATTORNEY’S 11 v. ) FEES UNDER THE EQUAL ACCESS TO MARTIN O’MALLEY ) JUSTICE ACT 12 Commissioner of Social Security, ) 13 ) Defendant ) 14 ) ____________________________________) 15 16 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney’s fees under the Equal Access 17 to Justice Act (EAJA), 28 U.S.C. § 2412(d) in the amount of NINE THOUSAND NINE HUNDRED 18 dollars and ZERO cents ($9,900.00). This amount represents compensation for all legal services 19 rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 20 U.S.C. § 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 Treasury’s Offset Program pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010). After the order of 25 EAJA fees and expenses is entered, the government will determine if they are subject to an offset. 26 If it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset under 27 Astrue v. Ratliff, 130 S.Ct. 2521 (2010) and the Department of Treasury’s Offset Program, then the 28 1 || check for EAJA fees and expenses shall be made payable to Jacqueline A. Forslund, based upon > || Plaintiffs assignment of these amounts to Plaintiffs attorney. The parties agree that whether these 3 || checks are made payable to Plaintiff or Jacqueline A. Forslund, such checks shall be mailed to 1 Plaintiffs attorney. This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney 5 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 6 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 7 and all claims that Plaintiff and/or Plaintiff's Counsel may have relating to EAJA attorney fees in 8 || connection with this action. 9 10 Respectfully submitted, 11 ||Date: August 29, 2024 JACQUELINE A. FORSLUND Attorney at Law 12 13 /s/Jacqueline A. Forslund JACQUELINE A. FORSLUND 1s Attorney for Plaintiff 16 Date: August 29, 2024 PHILLIP A. TALBERT Acting United States Attorney 17 MATHEW W. PILE Associate General Counsel Office of Program Litigation, Office 7 19 /s/Caspar Chan 20 CASPAR CHAN Special Assistant United States Attorney 21 *B y email authorization 20 Attorney for Defendant 23 || ORDER 24 || APPROVED AND SO ORDERED 25 26 DATED: September 6, 2024 SEAN C. RIORDAN 28 UNITED STATES MAGISTRATE JUDGE Carroll v. O’Malley Stipulation and Proposed Order E.D. Cal. 2:23-cv-02549-SCR