CHRISTOPHER CHIOU 1 Acting United States Attorney 2 District of Nevada Nevada Bar No. 14853 3 GERALYN GULSETH, CSBN 160872 4 Special Assistant United States Attorney 160 Spear Street, Suite 800 5 San Francisco, California 94105 Telephone: (415) 977-8923 6 Facsimile: (415) 744-0134 E-Mail: [email protected] 7

8 Attorneys for Defendant

9 UNITED STATES DISTRICT COURT

10 DISTRICT OF NEVADA 11

12 JAMES C. BUTCHER, ) No. 2:20-CV-00875-BNW ) 13 Plaintiff, ) STIPULATION FOR THE AWARD AND 14 ) PAYMENT OF ATTORNEY FEES AND v. ) EXPENSES PURSUANT TO THE EQUAL 15 ) ACCESS TO JUSTICE ACT, 28 U.S.C. § ANDREW M. SAUL, ) 2412(d) 16 Commissioner of Social Security, ) 17 ) Defendant. ) 18 ) 19 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and 22 expenses in the amount of FIVE THOUSAND NINE HUNDRED DOLLARS ($5,900.00) 23 under the Equal Access to Justice Act (EAJA),

(d). This amount represents 24 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection 25 with this civil action, in accordance with

; 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 27 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s counsel. Pursuant to Astrue v. 28 Ratliff,

,

,

(2010), the ability to honor the 1 assignment will depend on whether the fees are subject to any offset allowed under the United 2 States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, 3 the government will determine whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 5 determines that Plaintiff does not owe a federal debt, then the government shall cause the 6 payment of fees, expenses and costs to be made directly to counsel, pursuant to the assignment 7 executed by Plaintiff. Any payments made shall be delivered to counsel. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 9 attorney fees, and does not constitute an admission of liability on the part of Defendant under 10 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release 11 from, and bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may 12 have relating to EAJA attorney fees in connection with this action. 13 This award is without prejudice to the rights of [counsel] and/or [counsel’s firm] to 14 seek Social Security Act attorney fees under

(b), subject to the savings clause 15 provisions of the EAJA.

16 Respectfully submitted, 17 Dated: July 1, 2021 OLINSKY LAW GROUP 18 By: /s/ Hal Taylor, Esq.* 19 Of Counsel, Olinsky Law Group 20 * By email authorization on July 1, 2021 Attorney for Plaintiff 21

22 Dated: July 1, 2021 CHRISTOPHER CHIOU 23 Acting United States Attorney United States Attorney 24 GERALYN GULSETH Special Assistant United States Attorney 25

26 By: /s/ Geralyn Gulseth GERALYN GULSETH 27 Special Assistant United States Attorney 28 1 Order 2 lit IS ORDERED that the parties' stipulation (ECF No. 31) is GRANTED. IT IS FURTHER ORDERED that ECF No. 30 is DENIED as moot.

5 IT IS SO ORDERED 6 DATED: 6:49 pm, July 06, 2021 ’ Gra La WON 8 BRENDA WEKSLER 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28