Colon v. Saul

——~ COUNSELAPARTIES □□ RECORD Hal Taylor, Esq. ' April 20, 2021

> || Local Counsel

NV Bar No.: 4399 CLERK US DISTRICT COURT 223 Marsh Ave. DISTRICT OF NEVADA

, || Reno, NV 89509 Oe DEPUTY

Telephone: 775-825-2223 Facsimile: 775-329-1113 Email: HalTaylorLawyer@ gbis.com Matthew R. McGarry, 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: mmcgarry @ windisability.com

*? |! Attorneys for Plaintiff +S IN THE UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

. LAS VEGAS DIVISION ;

} EVELYN COLON,

Plaintiff, Case No. 2:20-cv-00496-VCF VS. ORDER FOR THE AWARD

AND PAYMENT OF ATTORNEY COMMISSIONER OF SOCIAL FEES AND EXPENSES

SECURITY, PURSUANT TO THE EQUAL

ACCESS TO JUSTICE ACT, 28 Defendant U.S.C. § 2412(D), AND COSTS

PURSUANT TO 28 U.S.C. § 1920

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IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff Evelyn Colon be awarded attorney fees and expenses in the amount of four thousand seven hundred and eighty-three dollars ($4,783.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs 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

10

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 to Olinsky Law Group. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (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 and expenses to be made directly to

Page 2 Olinsky Law Group, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to counsel, Matthew R. McGarry.

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 Evelyn Colon, Matt R. McGarry, and/or Andrew Flemming, including Olinsky Law Group, and Hal Taylor may have relating to EAJA attorney fees in connection with this action.

This award is without prejudice to the rights of Matt R. McGarry, Andrew Flemming, Olinsky Law Group, and Hal Taylor to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

The parties agree that this stipulation terminates the pending motion at Dkt. No. 28.

Dated: April 20, 2021 Respectfully submitted,

OLINSKY LAW GROUP

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/s/ Matthew _R. McGarry Matthew R. McGarry

> II Dated: April 20, 2021 Respectfully submitted,

CHRISTOPHER CHIOU Acting United States Attorney /s/ Allison J. Cheung ALLISON J. CHEUNG Special Assistant United States Attorney Attorneys for Defendant

IT IS SO ORDERED:

Lo ecto HON. CAM FERENBACH UNITED STATES MAGISTRATE JUDGE DATED: April 20, 2021

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