(SS) Chapman, Jr. v. Commissioner of Social Security

United States District Court for the Eastern District of California

(SS) Chapman, Jr. v. Commissioner of Social Security

Trial Court Opinion

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: [email protected] 5 Attorney for Plaintiff 6

7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 PAUL SCOTT CHAPMAN, JR., ) Case No. 2:24-CV-02222-AC 9 ) 10 Plaintiff ) STIPULATION AND PROPOSED ) ORDER FOR AWARD OF ATTORNEY’S 11 v. ) FEES AND COSTS PURSUANT TO )

28 U.S.C. §§ 1920

AND 2412(d). 12 FRANK BISIGNANO, ) 13 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 be awarded attorney fees and expenses in the 18 amount of ELEVEN THOUSAND dollars and ZERO cents ($11,000.00) under the Equal Access to 19 Justice Act (EAJA),

28 U.S.C. § 2412

(d), and costs in the amount of FOUR HUNDRED AND FIVE 20 dollars and ZERO cents ($405.00) under

28 U.S.C. § 1920

. This amount represents compensation for 21 all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with

28 U.S.C. §§ 1920

; 2412(d). 22 After the Court issues an order for payment of EAJA fees and expenses to Plaintiff, the 23 government will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to 24 Plaintiff’s attorney. The government’s ability to honor the assignment will depend on whether the 25 fees and expenses are subject to an offset allowed under the United States Department of the 26 Treasury’s Offset Program pursuant to Astrue v. Ratliff,

130 S.Ct. 2521

(2010). After the order of 27 EAJA fees and expenses is entered, the government will determine if they are subject to an offset. 28 1 If it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset under 2 Astrue v. Ratliff,

130 S.Ct. 2521

(2010) and the Department of Treasury’s Offset Program, then the check for EAJA fees and expenses shall be made payable to Jacqueline A. Forslund, based upon 3 Plaintiff’s assignment of these amounts to Plaintiff’s attorney. 4 The parties agree that whether these checks are made payable to Plaintiff or Jacqueline A. 5 Forslund, such checks shall be mailed to Plaintiff’s attorney. 6 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 7 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 8 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 9 and all claims that Plaintiff and/or Plaintiff’s Counsel may have relating to EAJA attorney fees in 10 connection with this action.

11 Respectfully submitted, 12 13 Date: July 25, 2025 JACQUELINE A. FORSLUND Attorney at Law 14

15 /s/Jacqueline A. Forslund 16 JACQUELINE A. FORSLUND Attorney for Plaintiff 17 Date: July 25, 2025 KIMBERLY A. SANCHEZ 18 Acting United States Attorney MATHEW W. PILE 19 Associate General Counsel 20 Office of Program Litigation, Office 7

21 /s/Julie A.K. Cummings 22 JULIE A.K. CUMMINGS 23 Special Assistant United States Attorney *By email authorization 24 Attorney for Defendant

25

26

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28 ORDER 2 3 || APPROVED AND SO ORDERED 4 ° ||DATED: July 28, 2025 . ° Cthten— Lape 7 ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Chapman v. Bisignano Stipulation and Proposed Order E.D. Cal. 2:24-cv-02222-AC

Reference

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