Watson v. Commissioner of Social Security

Opinion

NV Bar No.: 4399 223 Marsh Ave. Reno, NV 89509 Telephone: 775-825-2223 Facsimile: 775-329-1113 Email: HalTaylorLawyer@gbis.com

Melissa Palmer, Esq. Admitted Pro Hac Vice Olinsky Law Group 250 South Clinton Street, Suite 210 Syracuse, NY 13202 Telephone: 315-701-5780 Facsimile: 315-701-5781 Email: mpalmer@windisability.com

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

MARLENE L. WATSON, ) No. 2:18-cv-01019-BW ) Plaintiff, ) STIPULATION AND PROPOSED ) ORDER AWARDING ATTORNEY v. ) FEES UNDER THE EQUAL ) ACCESS TO JUSTICE ACT, ANDREW SAUL, ) PURSUANT TO 28 U.S.C. § 2412(d), Commissioner of Social Security, ) AND COSTS, PURSUANT TO ) 28 U.S.C. § 1920 Defendant. ) )

IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the DOLLARS ($5,000.00). 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. §§ 2412(d), 1920. After the Court issues an order for EAJA fees and expenses to Plaintiff, the government will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the fees and expenses are subject to any offset allowed under the United States Department of the Treasury's Offset Program. After the order for EAJA fees and expenses is entered, the government will determine whether they are subject to any offset. Fees and expenses 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 Melissa Palmer, Esq. pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees and expenses, and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney fees and expenses in connection with this action. This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA. Dated: June 12, 2020 Respectfully submitted,

/s/ Hal Taylor Hal Taylor, Esq. NV Bar No.: 4399 223 Marsh Ave. Reno, NV 89509 Telephone: 775-825-2223 Facsimile: 775-329-1113 Email: HalTaylorLawyer@ gbis.com 4 /s/ Melissa Palmer Melissa Palmer, Esq. Admitted Pro Hac Vice Attorney for Plaintiff Email: mpalmer@ windisability.com Attorney(s) for Plaintiff Dated: June 12, 2020 NICOLA T. HANNA ? United States Attorney Assistant United States Attorney Chief, Civil Division By: /s/_ Stacy Wiesbrock * STACY WIESBROCK Special Assistant United States Attorney * By email authorization Attorneys for Defendant DATED: 10:04 am, June 16, 2020 Gra ley □□□ = \ BRENDA WEKSLER