(SS) Gomez v. Commissioner of Social Security

United States District Court for the Eastern District of California

(SS) Gomez v. Commissioner of Social Security

Trial Court Opinion

FORSLUND LAW, LLC 1 Jacqueline A. Forslund # 154575 2 P.O. Box 4476 Sunriver, OR 97707 3 Telephone: 541-419-0074 Fax: 541-593-4452 4 Email: [email protected] 5 Attorney for Plaintiff 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 JULEEN M. GOMEZ, ) Case No. 1:23-CV-00784-CSK 9 ) Plaintiff ) STIPULATION AND 10 ) ORDER FOR AWARD OF ATTORNEY’S 11 v. ) FEES UNDER THE EQUAL ACCESS TO ) JUSTICE ACT (EAJA) 12 MARTIN O’MALLEY, ) Commissioner of Social Security, ) 13 ) 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 TEN THOUSAND FIVE 19 HUNDRED dollars and ZERO cents ($10,500.00). This amount represents compensation for all 20 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). 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 25 Treasury’s Offset Program pursuant to Astrue v. Ratliff,

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 Plaintiff's Counsel may have relating to EAJA attorney 7 || fees in connection with this action. 8 9 Respectfully submitted, Date: April 22, 2024 JACQUELINE A. FORSLUND 11 Attorney at Law 12 /s/Jacqueline A. Forslund 13 JACQUELINE A. FORSLUND 1A Attorney for Plaintiff 15 ||Date: April 22, 2024 PHILLIP A. TALBERT United States Attorney +6 MATHEW W. PILE 7 Associate General Counsel Social Security Administration 18 19 /s/ Marcelo Illarmo 20 MARCELO ILLARMO Special Assistant United States Attorney 21 *By email authorization Attorney for Defendant 22 53 ORDER 24 || APPROVED AND SO ORDERED 25 |!Dated: April 26, 2024 ot “ . 26 ( CAR O 37 CHI S00 KIM UNITED STATES MAGISTRATE JUDGE 3, gome.784 28

Gomez v. O’Malley Stipulation and Order E.D. Cal. 1:23-cv-00784-CSK

Reference

Status
Unknown