Hurt v. Saul

Opinion

Hal Taylor, Esq. Of Counsel, Olinsky Law Group NV Bar No.: 4399 2551 West Lakeridge Shores Reno, NV 89519 Telephone: 775-825-2223 Facsimile: 775-329-1113 Email: haltaylorlawyer@gbis.com Attorney for Plaintiff, Patti Ann Hurt UNITED STATES DISTRICT COURT DISTRICT OF NEVADA PATTI ANN HURT, ) ) Case No.: 3:20-cv-00481-CSD Plaintiff, ) ) STIPULATION FOR THE AWARD AND Vv. ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE EQUAL KILOLO KIJAKAZI, ) ACCESS TO JUSTICE ACT, 28 U.S.C. Acting Commissioner of Social Security, ) §2412(d) ) Defendant. ) )

IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff Patti Ann Hurt be awarded attorney fees in the amount of five thousand eight hundred ninety-six dollars and eighty cents ($5,896.80) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. 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. §§ 1920; 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 Olinsky Law Group. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (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 and expenses to be made directly to Olinsky Law Group, pursuant to the assignment executed by Plaintiff. ] Any payments made shall be delivered to Olinsky Law Group, 250 South Clinton Street, Suite 210, Syracuse, NY 13202 (EIN 26-2258247). 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 Olinsky Law Group and Hal Taylor may have relating to EAJA attorney fees in connection with this action.

This award is without prejudice to the rights of Hal Taylor and/or Olinsky Law Group to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. Dated: May 3, 2022 Respectfully submitted, OF COUNSEL, OLINSKY LAW GROUP /s/ Hal Taylor HAL TAYLOR Attorney for Plaintiff Dated: May 3, 2022 Respectfully submitted, B Acting United States Attorney District of Nevada Nevada Bar No. 14853 ALLISON J. CHEUNG, CSBN 244651 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (510) 970-4811 Facsimile: (415) 744-0134 *(as authorized by email on May 3, 2022)* E-Mail: allison.cheung@ssa.gov Attorneys for Defendant IT IS SQ.ORDERED: HON. CRAIG S. DENN UNITED STATES MAG@PSTRATE JUDGE DATED: May4,2022 0