——~ COUNSELAPARTIES □□ RECORD

1 || Hal Taylor, Esq. ' April 20, 2021 > || Local Counsel NV Bar No.: 4399 CLERK US DISTRICT COURT 3 ||223 Marsh Ave. DISTRICT OF NEVADA , || Reno, NV 89509 Oe DEPUTY Telephone: 775-825-2223 5 || Facsimile: 775-329-1113 Email: HalTaylorLawyer@ gbis.com 7 || Matthew R. McGarry, Esq. Admitted Pro Hac Vice Olinsky Law Group 9 ||250 South Clinton Street, Suite 210 Syracuse, NY 13202 Telephone: 315-701-5780 11 || Facsimile: 315-701-5781 Email: mmcgarry @ windisability.com *? |! Attorneys for Plaintiff 14 +S IN THE UNITED STATES DISTRICT COURT 16 DISTRICT OF NEVADA . LAS VEGAS DIVISION ; 18 |} EVELYN COLON, Plaintiff, Case No. 2:20-cv-00496-VCF 20 21 VS. ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY COMMISSIONER OF SOCIAL FEES AND EXPENSES 23 ||SECURITY, PURSUANT TO THE EQUAL 24 ACCESS TO JUSTICE ACT, 28 Defendant U.S.C. § 2412(D), AND COSTS PURSUANT TO

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1 IT IS HEREBY STIPULATED by and between the parties through their 2 undersigned counsel, subject to the approval of the Court, that Plaintiff Evelyn 3 Colon be awarded attorney fees and expenses in the amount of four thousand 4 5 seven hundred and eighty-three dollars ($4,783.00) under the Equal Access to 6 Justice Act (EAJA),

(d), and no costs under

. 7 This amount represents compensation for all legal services rendered on behalf of 8 9 Plaintiff by counsel in connection with this civil action, in accordance with 28

, 2412(d). 11

12 13 After the Court issues an order for EAJA fees to Plaintiff, the government 14 will consider the matter of Plaintiff’s assignment of EAJA fees to Olinsky Law 15 Group. Pursuant to Astrue v. Ratliff,

(2010), the ability to honor the 16 17 assignment will depend on whether the fees are subject to any offset allowed 18 under the United States Department of the Treasury’s Offset Program. After the 19 order for EAJA fees is entered, the government will determine whether they are 20 21 subject to any offset. 22 23 Fees shall be made payable to Plaintiff, but if the Department of the 24 25 Treasury determines that Plaintiff does not owe a federal debt, then the 26 government shall cause the payment of fees and expenses to be made directly to 27 28 Page 2 1 Olinsky Law Group, pursuant to the assignment executed by Plaintiff. Any 2 payments made shall be delivered to counsel, Matthew R. McGarry. 3

4 5 This stipulation constitutes a compromise settlement of Plaintiff’s request 6 for EAJA attorney fees, and does not constitute an admission of liability on the 7 part of Defendant under the EAJA or otherwise. Payment of the agreed amount 8 9 shall constitute a complete release from, and bar to, any and all claims that 10 Plaintiff Evelyn Colon, Matt R. McGarry, and/or Andrew Flemming, including 11 Olinsky Law Group, and Hal Taylor may have relating to EAJA attorney fees in 12 13 connection with this action. 14

15 This award is without prejudice to the rights of Matt R. McGarry, Andrew 16 17 Flemming, Olinsky Law Group, and Hal Taylor to seek Social Security Act 18 attorney fees under

(b), subject to the savings clause provisions of 19 the EAJA. 20 21 22 The parties agree that this stipulation terminates the pending motion at Dkt. 23 No. 28. 24 25 26 Dated: April 20, 2021 Respectfully submitted, 27 OLINSKY LAW GROUP 28 Page 3 1 /s/ Matthew _R. McGarry Matthew R. McGarry 4 > II Dated: April 20, 2021 Respectfully submitted, 7 CHRISTOPHER CHIOU Acting United States Attorney /s/ Allison J. Cheung 9 ALLISON J. CHEUNG 10 Special Assistant United States Attorney Attorneys for Defendant 11 12 13 IT IS SO ORDERED: Lo ecto 15 HON. CAM FERENBACH 16 UNITED STATES MAGISTRATE JUDGE 17 18 DATED: April 20, 2021 19 20 21 22 23 24 25 26 27 28 Page 4