1 NICHOLAS A. TRUTANICH United States Attorney 2 District of Nevada

3 ALLISON J. CHEUNG, CSBN 244651 Special Assistant United States Attorney 4 160 Spear Street, Suite 800 San Francisco, California 94105 5 Telephone: (415) 977-8942 Facsimile: (415) 744-0134 6 E-Mail: [email protected]

7 Attorneys for Defendant

8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10

11 PAUL KOZLOWSKI, ) ) Case No.: 3:20-cv-00086-CLB 12 Plaintiff, ) ) STIPULATION FOR THE AWARD AND 13 v. ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE EQUAL 14 ANDREW SAUL, ) ACCESS TO JUSTICE ACT, 28 U.S.C. Commissioner of Social Security, ) § 2412(d), AND COSTS PURSUANT TO 15 )

Defendant. ) 16 ) ) 17 18 19 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 20 subject to the approval of the Court, that Plaintiff Paul Kozlowski be awarded attorney fees and 21 expenses in the amount of six hundred and seventeen dollars and twenty-seven cents ($617.27) under 22 the Equal Access to Justice Act (EAJA),

(d), and no costs under

. 23 This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel 24 in connection with this civil action, in accordance with

, 2412(d). 25 // 26 // 11 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 22 matter of Plaintiff’s assignment of EAJA fees to Osterhout Berger Disability Law, LLC. Pursuant to 33 Astrue v. Ratliff,

,

,

(2010), the ability to honor the 44 assignment will depend on whether the fees are subject to any offset allowed under the United States 55 Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 66 government will determine whether they are subject to any offset. 77 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 88 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 99 and costs to be made directly to Osterhout Berger Disability Law, LLC, pursuant to the assignment 1100 executed by Plaintiff. Any payments made shall be delivered to counsel, Lindsay Osterhout. 1111 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 1122 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 1133 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and 1144 all claims that Plaintiff Paul Kozlowski and/or Lindsay Osterhout, including Osterhout Berger 1155 Disability Law, LLC, and Hal Taylor may have relating to EAJA attorney fees in connection with this 1166 action. 1177 This award is without prejudice to the rights of Lindsay Osterhout and/or Osterhout Berger 1188 Disability Law, LLC, and Hal Taylor to seek Social Security Act attorney fees under 42 U.S.C. 1199 § 406(b), subject to the savings clause provisions of the EAJA. 2200 2211 Dated: November 3, 2020 Respectfully submitted,

2222 OSTERHOUT BERGER DISABILITY LAW, LLC

2233 /s/ Lindsay F. Osterhout LINDSAY F. OSTERHOUT 2244 (*as authorized via email on November 3, 2020) Attorney for Plaintiff 2255

2266 1 || Dated: November 3, 2020 Respectfully submitted, 2 NICHOLAS A. TRUTANICH United States Attorney ° /s/ Allison J. Cheung 4 ALLISON J. CHEUNG Special Assistant United States Attorney 5 Attorneys for Defendant 6 7 8 9 ITIS <6 on ERED: ‘

HON. CARLA BALDWIN 1] UNITED STATHS MAGISTRATE JUDGE 12 3 DATED: __November3, 2020 0 14 15 16 17 18 19 20 21 22 23 24 25 26

11 CERTIFICATE OF SERVICE 22 I, Allison J. Cheung, certify that the following individual(s) were served with a copy of the 33 foregoing STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND 44 EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT,

(d), 55 AND COSTS PURSUANT TO

on the date, and via the method of service, 66 identified below: 77 CM/ECF: 88 Lindsay Osterhout 99 [email protected] Attorney for Plaintiff 1100

1111 Hal Taylor [email protected] 1122 Attorney for Plaintiff

1133 Dated: November 3, 2020

1144 /s/ Allison J. Cheung 1155 ALLISON J. CHEUNG Special Assistant United States Attorney 1166 1177 1188 1199 2200 2211 2222 2233 2244 2255 2266