Watson v. Commissioner of Social Security

Opinion

2 NV Bar No.: 4399 223 Marsh Ave. Reno, NV 89509 3 Telephone: 775-825-2223 Facsimile: 775-329-1113 4 Email: HalTaylorLawyer@gbis.com

5 Melissa Palmer, Esq. Admitted Pro Hac Vice 6 Olinsky Law Group 250 South Clinton Street, Suite 210 7 Syracuse, NY 13202 Telephone: 315-701-5780 8 Facsimile: 315-701-5781 Email: mpalmer@windisability.com 9

10 Attorneys for Plaintiff

14 UNITED STATES DISTRICT COURT 15 DISTRICT OF NEVADA 16

17 MARLENE L. WATSON, ) No. 2:18-cv-01019-BW 18 ) 19 Plaintiff, ) STIPULATION AND PROPOSED 20 ) ORDER AWARDING ATTORNEY v. ) FEES UNDER THE EQUAL 21 ) ACCESS TO JUSTICE ACT, 22 ANDREW SAUL, ) PURSUANT TO 28 U.S.C. § 2412(d), Commissioner of Social Security, ) AND COSTS, PURSUANT TO 23 ) 28 U.S.C. § 1920 Defendant. ) 24 ) 25

26 IT IS HEREBY STIPULATED by and between the parties through their undersigned 27 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the 28 2 DOLLARS ($5,000.00). This amount represents compensation for all legal services rendered on 3 behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. 4 §§ 2412(d), 1920. 5 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 6 will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's 7 attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the 8 assignment will depend on whether the fees and expenses are subject to any offset allowed under 9 the United States Department of the Treasury's Offset Program. After the order for EAJA fees 10 and expenses is entered, the government will determine whether they are subject to any offset. 11 Fees and expenses shall be made payable to Plaintiff, but if the Department of the 12 Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause 13 the payment of fees and expenses to be made directly to Melissa Palmer, Esq. pursuant to the 14 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 15 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 16 attorney fees and expenses, and does not constitute an admission of liability on the part of 17 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 18 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 19 EAJA attorney fees and expenses in connection with this action. 20 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 21 Act attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA. 22 23 Dated: June 12, 2020 24 Respectfully submitted, 25

26 /s/ Hal Taylor Hal Taylor, Esq. 27 NV Bar No.: 4399 223 Marsh Ave. 28 1 Reno, NV 89509 Telephone: 775-825-2223 2 Facsimile: 775-329-1113 4 Email: HalTaylorLawyer@ gbis.com 4 /s/ Melissa Palmer Melissa Palmer, Esq. 5 Admitted Pro Hac Vice 6 Attorney for Plaintiff Email: mpalmer@ windisability.com 7 Attorney(s) for Plaintiff 8 Dated: June 12, 2020 NICOLA T. HANNA ? United States Attorney 10 DAVID M. HARRIS Assistant United States Attorney 11 Chief, Civil Division 12 By: /s/_ Stacy Wiesbrock * STACY WIESBROCK 13 Special Assistant United States Attorney 14 * By email authorization Attorneys for Defendant 15 16 IT IS SO ORDERED 17 DATED: 10:04 am, June 16, 2020 18 19 Gra ley □□□ = \ BRENDA WEKSLER 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28