Diana Mae Howell v. Frank Bisignano, Commissioner of Social Security
Diana Mae Howell 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 DIANA MAE HOWELL, ) Case No. 2:24-CV-02091-CSK 9 ) Plaintiff ) STIPULATION AND PROPOSED 10 ) ORDER FOR AWARD OF ATTORNEY’S 11 v. ) FEES AND COSTS PURSUANT TO )
28 U.S.C. §§ 1920AND 2412(d). 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 SEVEN THOUSAND EIGHT HUNDRED AND EIGHTY-TWO dollars and FIFTY- 19 NINE cents ($7,882.59) under the Equal Access to Justice Act (EAJA),
28 U.S.C. § 2412(d), and 20 costs in the amount of FOUR HUNDRED AND FIVE dollars and ZERO cents ($405.00) under
28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of 21 Plaintiff by counsel in connection with this civil action, in accordance with
28 U.S.C. §§ 1920; 22 2412(d). 23 After the Court issues an order for payment of EAJA fees and expenses to Plaintiff, the 24 government will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to 25 Plaintiff’s attorney. The government’s ability to honor the assignment will depend on whether the 26 fees and expenses are subject to an offset allowed under the United States Department of the 27 Treasury’s Offset Program pursuant to Astrue v. Ratliff,
130 S.Ct. 2521(2010). After the order of 28 EAJA fees and expenses is entered, the government will determine if they are subject to an offset. If it is determined that Plaintiff’s EAJA fees and expenses are not subject to an offset under 1 Astrue v. Ratliff,
130 S.Ct. 2521(2010) and the Department of Treasury’s Offset Program, then the 2 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 connection with this action. 10
11 Respectfully submitted, 12 Date: November 5, 2025 JACQUELINE A. FORSLUND 13 Attorney at Law 14
15 /s/Jacqueline A. Forslund JACQUELINE A. FORSLUND 16 Attorney for Plaintiff 17 Date: November 5, 2025 KIMBERLY A. SANCHEZ 18 Acting United States Attorney MATHEW W. PILE 19 Head of Program Litigation 1 20 Social Security Administration | Law & Policy
21 /s/Lori A. Lookliss 22 LORI A. LOOKLISS 23 Special Assistant United States Attorney *By email authorization 24 Attorney for Defendant
25 26
27
28 ORDER 2 3 Based upon the parties’ stipulation, IT IS ORDERED that fees and expenses in the amount of $7,882.59 under the Equal Access to Justice Act,
28 U.S.C. § 2412(d), and costs in the amount of > || $405.00 under
28 U.S.C. § 1920, be awarded subject to the terms of the stipulation. 6 7 Dated: 11/10/25 cy af ope 9 UNITED STATES MAGISTRATE JUDGE 1g || howe 2091.24.88 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Howell v. Bisignano Stipulation and Proposed Order E.D. Cal. 2:24-cv-02091-CSK
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