(SS) Kisner v. Commissioner of Social Security

FORSLUND LAW, LLC

Jacqueline A. Forslund # 154575

P.O. Box 4476

Sunriver, OR 97707

Telephone: 541-419-0074

Fax: 541-593-4452

Email: [email protected]

Attorney for Plaintiff

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JESSICA R. KISNER, ) Case No. 2:19-CV-00673-EFB )

Plaintiff ) STIPULATION AND PROPOSED ) ORDER FOR AWARD OF ATTORNEY’S v. ) FEES UNDER THE EQUAL ACCESS TO ) JUSTICE ACT (EAJA)

ANDREW M. SAUL, )

Commissioner of Social Security, ) )

Defendant ) ) ____________________________________)

IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff shall be awarded attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. sec. 2412(d), in the amount of EIGHT THOUSAND FIVE HUNDRED dollars and ZERO cents ($8,500.00). This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. sec. 2412(d).

After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees to Jacqueline A. Forslund (Counsel). Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine whether they are subject to any offset. Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Counsel.

The parties agree that whether these checks are made payable to Plaintiff or Jacqueline A. Forslund, such checks shall be mailed to Jacqueline A. Forslund. 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 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or ! Plaintiff’ s Counsel may have relating to EAJA attorney fees in connection with this action.

Respectfully submitted,

Date: December 23, 2020 JACQUELINE A. FORSLUND

41 Attorney at Law /s/Jacqueline A. Forslund

JACQUELINE A. FORSLUND

Attorney for Plaintiff

Date: December 23, 2020 MCGREGOR W. SCOTT

United States Attorney

DEBORAH STACHEL

Regional Chief Counsel, Region IX Social Security Administration /s/Chantal Jenkins

CHANTAL JENKINS

Special Assistant United States Attorney *By email authorization

Attorney for Defendant

ORDER

APPROVED AND SO ORDERED.

2?

DATED: January 11, 2021. J i LZ Aba é 4 O———

EDMUND F. BRENNAN

UNITED STATES MAGISTRATE JUDGE

Kisner v. Saul Stipulation and Prepesed Order E.D. Cal. 2:19-cv-00673-EFB