(SS) Morales v. Commissioner of Social Security

Opinion

STUART T. BARASCH, ESQ. Of Counsel, Olinsky Law Group P.O. Box 961719 El Paso, TX 79996 Telephone: (213) 621-7622 Facsimile: (213) 621-2536 Email: Stuartbarasch@gmail.com

Attorney for Plaintiff, Robin Lyn Morales

FRESNO DIVISION

) Case No.: 1:22-cv-00230-BAM ROBIN LYN MORALES, ) ) Plaintiff, ) STIPULATION FOR THE AWARD ) vs. ) AND PAYMENT OF ATTORNEY ) FEES PURSUANT TO THE EQUAL ) ACCESS TO JUSTICE ACT, 28 U.S.C. KILOLO KIJAKAZI, Commissioner of ) Social Security, ) § 2412(d), AND COSTS PURSUANT ) TO 28 U.S.C. § 1920 ) Defendant. This stipulation is intended to replace and deny the Motion for Attorney Fees Plaintiff filed on December 19, 2022 as moot (Dkt. 16). IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff Robin Lyn Morales be awarded attorney fees in the amount of Five Thousand Nine Hundred Six Dollars and Sixty-Seven Cents ($5,906.67) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) and costs in the amount of Four Hundred Two Dollars ($402.00) 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 (see Exhibit A) 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 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. 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 Stuart T. Barasch including the Olinsky Law Group may have relating to EAJA attorney fees in connection with this action. This award is without prejudice to the rights of Stuart T. Barasch and/or the 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.

Date: December 30, 2022 Stuart T. Barasch, Esq. by Howard D. Olinsky, Esq Attorney for Plaintiff Of Counsel, Olinsky Law Group

By: /s/ Stuart T. Barasch Stuart T. Barasch Of Counsel, Olinsky Law Group Attorneys for Plaintiff

PHILIP A. TALBERT, Esq. United States Attorney MATHEW W. PILE Associate General Counsel By: /s/ Margaret Lehrkindi MARGARET LEHRKIND Special Assistant United States Attorney Attorneys for Defendant

i Signed by Plaintiff’s Counsel with permission via email December 30, 2022

STUART T. BARASCH, ESQ. Of Counsel, Olinsky Law Group P.O. Box 961719 El Paso, TX 79996 Telephone: (213) 621-7622 Facsimile: (213) 621-2536 Email: Stuartbarasch@gmail.com

Attorney for Plaintiff, Robin Lyn Morales EASTERN DISTRICT OF CALIFORNIA- FRESNO DIVISION

Plaintiff, CASE NO.: 1:22-CV-00230-BAM -v-

ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.

FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412 (d) Before the Court is a Stipulation for Attorney’s Fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Based on the pleadings as well as the position of Defendant Commissioner, and recognizing Plaintiff’s waiver of direct payment and assignment of EAJA to his counsel, IT IS HEREBY ORDERED that attorney’s fees in the amount of Five Thousand Nine Hundred Six Dollars and Sixty-Seven Cents ($5,906.67) pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) and costs in the amount of Four Hundred Two Dollars ($402.00) pursuant to 28 U.S.C. § 1920 are awarded to Plaintiff. If the U.S. Department of the Treasury determines that Plaintiff’s EAJA fees, expenses, and costs are not subject to offset allowed under the Department of the Treasury’s Offset Program (TOPS), then the check for EAJA fees, expenses, and costs may be made payable to Olinsky Law Group. Any payment of costs may be made either by electronic fund transfer (EFT) or by check. IT IS FURTHER ORDERED that Plaintiff’s Motion for EAJA fees (Dkt. No. 16) is hereby denied as moot. IT IS SO ORDERED.

Dated: January 4, 2023 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE