Hurt v. Saul

Opinion

Hal Taylor, Esq. 1 || Of Counsel, Olinsky Law Group NV Bar No.: 4399 2 || 2551 West Lakeridge Shores Reno, NV 89519 3 || Telephone: 775-825-2223 Facsimile: 775-329-1113 4 || Email: haltaylorlawyer@gbis.com 5 || Attorney for Plaintiff, Patti Ann Hurt 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 || PATTI ANN HURT, ) ) Case No.: 3:20-cv-00481-CSD 10 Plaintiff, ) ) STIPULATION FOR THE AWARD AND 11 Vv. ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE EQUAL 12 || KILOLO KIJAKAZI, ) ACCESS TO JUSTICE ACT, 28 U.S.C. Acting Commissioner of Social Security, ) §2412(d) 13 ) Defendant. ) 14 )

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1 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 2 || subject to the approval of the Court, that Plaintiff Patti Ann Hurt be awarded attorney fees in the 3 || amount of five thousand eight hundred ninety-six dollars and eighty cents ($5,896.80) under the Equal 4 || Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This 5 || amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in 6 || connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 7 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 8 || matter of Plaintiff's assignment of EAJA fees to Olinsky Law Group. Pursuant to Astrue v. Ratliff, 9 || 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 10 || depend on whether the fees are subject to any offset allowed under the United States Department of 11 || the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 12 || determine whether they are subject to any offset. 13 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 14 || Plaintiff does not owe a federal debt, then the government shall cause the payment of fees and 15 || expenses to be made directly to Olinsky Law Group, pursuant to the assignment executed by Plaintiff. 16 |] Any payments made shall be delivered to Olinsky Law Group, 250 South Clinton Street, Suite 210, 17 || Syracuse, NY 13202 (EIN 26-2258247). 18 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney 19 || fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 20 || otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and 21 || all claims that Plaintiff and/or Olinsky Law Group and Hal Taylor may have relating to EAJA attorney 22 || fees in connection with this action. 23 24 25 26

1 This award is without prejudice to the rights of Hal Taylor and/or Olinsky Law Group to seek 2 || Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of 3 || the EAJA. 4 5 6 || Dated: May 3, 2022 Respectfully submitted, 7 OF COUNSEL, OLINSKY LAW GROUP 8 /s/ Hal Taylor HAL TAYLOR 9 Attorney for Plaintiff 10 11 || Dated: May 3, 2022 Respectfully submitted, 12 CHRISTOPHER CHIOU B Acting United States Attorney District of Nevada 14 Nevada Bar No. 14853 15 ALLISON J. CHEUNG, CSBN 244651 Special Assistant United States Attorney 16 160 Spear Street, Suite 800 San Francisco, California 94105 17 Telephone: (510) 970-4811 Facsimile: (415) 744-0134 18 *(as authorized by email on May 3, 2022)* E-Mail: allison.cheung@ssa.gov 19 Attorneys for Defendant 20 21 IT IS SQ.ORDERED: 22 23 HON. CRAIG S. DENN UNITED STATES MAG@PSTRATE JUDGE 24 25 DATED: May4,2022 0 26