Darren S. Stiles v. Frank Bisignano, Commissioner of Social Security
Darren S. Stiles v. Frank Bisignano, 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 DARREN S. STILES, ) Case No. 2:24-CV-02319-CSK 9 ) Plaintiff ) STIPULATION AND PROPOSED 10 ) ORDER FOR AWARD OF ATTORNEY’S 11 v. ) FEES UNDER THE EQUAL ACCESS TO ) JUSTICE ACT (EAJA) 12 FRANK BISIGNANO, ) 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 be awarded attorney fees and expenses in the 18 amount of EIGHT THOUSAND THREE HUNDRED AND TEN dollars and SEVENTY-TWO cents 19 ($8,310.72) under the Equal Access to Justice Act (EAJA),
28 U.S.C. § 2412(d). 20 After the Court issues an order for payment of EAJA fees and expenses to Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to 21 Plaintiff’s attorney. The government’s ability to honor the assignment will depend on whether the 22 fees and expenses are subject to an offset allowed under the United States Department of the 23 Treasury’s Offset Program pursuant to Astrue v. Ratliff,
130 S.Ct. 2521(2010). After the order of 24 EAJA fees and expenses is entered, the government will determine if they are subject to an offset. 25 If it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset under 26 Astrue v. Ratliff,
130 S.Ct. 2521(2010) and the Department of Treasury’s Offset Program, then the 27 check for EAJA fees and expenses shall be made payable to Jacqueline A. Forslund, based upon 28 Plaintiff’s assignment of these amounts to Plaintiff’s attorney. The parties agree that whether these checks are made payable to Plaintiff or Jacqueline A. 1 Forslund, such checks shall be mailed to Plaintiff’s attorney. 2 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 3 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 4 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 5 and all claims that Plaintiff and/or Plaintiff’s Counsel may have relating to EAJA attorney fees in 6 connection with this action. 7 8 Respectfully submitted, 9 Date: September 19, 2025 JACQUELINE A. FORSLUND Attorney at Law 10
11 /s/Jacqueline A. Forslund 12 JACQUELINE A. FORSLUND Attorney for Plaintiff 13
14 Date: September 19, 2025 KIMBERLY A. SANCHEZ Acting United States Attorney 15 MATHEW W. PILE Associate General Counsel 16 Office of Program Litigation, Office 7 17
18 /s/David Priddy DAVID PRIDDY 19 Special Assistant United States Attorney 20 *By email authorization Attorney for Defendant 21
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25 26 27 28 ORDER 2 3 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Ac “ || Fees and Expenses, IT IS □□ ORDERED that fees in the amount of EIGHT THOUSAND THREE || HUNDRED AND TEN dollars and SEVENTY-TWO cents ($8,310.72) as authorized by 28 U.S.C. 6 § 2412(d) be awarded subject to the terms of the Stipulation. ~ . 8 ||[DATED: _September 26, 2025 An Spe \ 9 HON. CHI SOO KIM UNITED STATES MAGISTRATE JUDGE 10. || 5 stil-2319.24 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stiles v. Bisignano Stipulation and Proposed Order E.D. Cal. 2:24-cv-02319-CSK
Reference
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