1 CHRISTOPHER CHIOU Acting United States Attorney 2 District of Nevada 3 Nevada Bar No. 14853

4 ALLISON J. CHEUNG, CSBN 244651 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (510) 970-4811 Facsimile: (415) 744-0134 7 E-Mail: [email protected]

8 Attorneys for Defendant

9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11

12 JAMES M. HART, ) ) Case No.: 2:21-cv-01326-BNW 13 Plaintiff, ) ) STIPULATION FOR THE AWARD AND 14 v. ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE EQUAL 15 KILOLO KIJAKAZI, ) ACCESS TO JUSTICE ACT, 28 U.S.C. Acting Commissioner of Social Security, ) § 2412(d) 16 ) Defendant. ) 17 ) )

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19 20 21 22 23 24 25 26 11 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 22 subject to the approval of the Court, that Plaintiff James M. Hart be awarded attorney fees in the 33 amount of one thousand two hundred forty-three dollars and fourteen cents ($1,243.14) under the 44 Equal Access to Justice Act (EAJA),

(d), and no costs under

. This 55 amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in 66 connection with this civil action, in accordance with

; 2412(d). 77 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 88 matter of Plaintiff’s assignment of EAJA fees to Olinksy Law Group. Pursuant to Astrue v. Ratliff, 99

,

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(2010), the ability to honor the assignment will 1100 depend on whether the fees are subject to any offset allowed under the United States Department of 1111 the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 1122 determine whether they are subject to any offset. 1133 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 1144 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees and 1155 expenses to be made directly to Olinsky Law Group, pursuant to the assignment executed by Plaintiff. 1166 Any payments made shall be delivered to Olinksy Law Group, 250 South Clinton Street, Suite 210, 1177 Syracuse, NY 13202 (EIN 26-2258247). 1188 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 1199 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 2200 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and 2211 all claims that Plaintiff and/or Olinsky Law Group and Hal Taylor may have relating to EAJA attorney 2222 fees in connection with this action. 2233 // 2244 // 2255 // 2266 1 This award is without prejudice to the rights of Olinsky Law Group and/or Hal Taylor to seek 2 || Social Security Act attorney fees under

(b), subject to the savings clause provisions of 3 || the EAJA. 4 5 6 || Dated: February 4, 2022 Respectfully submitted, 7 OF COUNSEL, OLINSKY LAW GROUP 8 /s/ Hal Taylor HAL TAYLOR 9 (*as authorized via email on February 4, 2022) Attorney for Plaintiff 10 1] Dated: February 4, 2022 Respectfully submitted, 12 CHRISTOPHER CHIOU 13 Acting United States Attorney 14 /s/ Allison J. Cheung ALLISON J. CHEUNG 15 Special Assistant United States Attorney Attorneys for Defendant 16 17 18 19 IT IS SO.ORDERED: 20 Lea ArO ban 21 HON. BRENDA N. WEKSLER UNITED STATES MAGISTRATE JUDGE 22 23 DATED: 2/7/2022 24 25 26

11 CERTIFICATE OF SERVICE 22 I, the undersigned, am a citizen of the United States and am at least eighteen years of age. My 33 business address is 160 Spear Street, Suite 800, San Francisco, California 94105. I am not a party to the above-entitled action. On the date set forth below, I caused service of STIPULATION FOR 44 THE AWARD AND PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL 55 ACCESS TO JUSTICE ACT,

(d) on the following parties by electronically filing 66 the foregoing with the Clerk of the District Court using its ECF System, which provides electronic 77 notice of the filing: 88

99 Hal Taylor [email protected] 1100 Attorney for Plaintiff

1111 I declare under penalty of perjury that the foregoing is true and correct.

1122 Dated: February 4, 2022

1133 /s/ Allison J. Cheung 1144 ALLISON J. CHEUNG Special Assistant United States Attorney 1155 1166 1177 1188 1199 2200 2211 2222 2233 2244 2255 2266