Rhone v. Social Security

Opinion

1 Hal Taylor, Esq. Of Counsel, Olinsky Law Group 2 NV Bar No.: 4399 2551 West Lakeridge Shores 3 Reno, NV 89519 Telephone: 775-825-2223 4 Facsimile: 775-329-1113 Email: haltaylorlawyer@gbis.com 5 Attorney for Plaintiff, Joyce Elaine Rhone 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 JOYCE ELAINE RHONE, ) 10 ) Case No.: 2:21-cv-01296-VCF Plaintiff, ) 11 ) STIPULATION FOR THE AWARD AND v. ) PAYMENT OF ATTORNEY FEES AND 12 ) EXPENSES PURSUANT TO THE EQUAL KILOLO KIJAKAZI, ) ACCESS TO JUSTICE ACT, 28 U.S.C. 13 Acting Commissioner of Social Security, ) § 2412(d) ) 14 Defendant. ) ) 15 ) 16 17 18 19 20 21 22 23 24 25 26 11 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 22 subject to the approval of the Court, that Plaintiff Joyce Elaine Rhone be awarded attorney fees in the 33 amount of four thousand nine hundred dollars ($4,900.00) under the Equal Access to Justice Act 44 (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal services rendered on 55 behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 66 1920; 2412(d). 77 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 88 matter of Plaintiff’s assignment of EAJA fees to Olinsky Law Group. Pursuant to Astrue v. Ratliff, 99 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 1100 depend on whether the fees are subject to any offset allowed under the United States Department of 1111 the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 1122 determine whether they are subject to any offset. 1133 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 1144 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees and 1155 expenses to be made directly to Olinsky Law Group, pursuant to the assignment executed by Plaintiff. 1166 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 1177 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 1188 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and 1199 all claims that Plaintiff and/or Olinsky Law Group and Hal Taylor may have relating to EAJA attorney 2200 fees in connection with this action. 2211 // 2222 // This award is without prejudice to the rights of Hal Taylor and/or Olinsky Law Group to seek 2233 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of 2244 the EAJA. 2255 2266 1 2 || Dated: October 14, 2022 Respectfully submitted, 3 OF COUNSEL, OLINSKY LAW GROUP 4 /s/ Hal Taylor HAL TAYLOR 5 Attorney for Plaintiff 6 7 || Dated: October 14, 2022 Respectfully submitted, 8 JASON M. FRIERSON 9 United States Attorney District of Nevada 10 DAVID PRIDDY, ILSBN 6313767 1 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (510) 970-4801 13 Facsimile: (415) 744-0134 *(as authorized by email on October 14, 2022)* 14 E-Mail: David.Priddy@ssa.gov 15 Attorneys for Defendant 16 7 ITIS SO ORD zeae: ge 18 HOW CAM FERENEACH 19 UNITED STATES MAGISTRATE JUDGE 20 DATED: 10-17-2022 21 22 23 24 25 26

11 CERTIFICATE OF SERVICE 22 I, the undersigned, am a citizen of the United States and am at least eighteen years of age. My 33 business address is 250 South Clinton Street, Syracuse, NY 13202. On the date set forth below, I caused service of STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES 44 PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) on the 55 following parties by electronically filing the foregoing with the Clerk of the District Court using its 66 ECF System, which provides electronic notice of the filing: 77 88 David Priddy David.Priddy@ssa.gov 99 Attorney for Defendant 1100 I declare under penalty of perjury that the foregoing is true and correct. 1111 Dated: October 14, 2022 1122 /s/ Hal Taylor 1133 HAL TAYLOR Attorney for Plaintiff 1144 Of Counsel, Olinsky Law Group 1155 1166 1177 1188 1199 2200 2211 2222 2233 2244 2255 2266