Aceto v. Social Security

1 Hal Taylor, Esq.

Of Counsel, Olinsky Law Group NV Bar No.: 4399 2551 West Lakeridge Shores Reno, NV 89519 Telephone: 775-825-2223 Facsimile: 775-329-1113 Email: [email protected] Attorney for Plaintiff, Michael Carl Aceto 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA MICHAEL CARL ACETO, ) 10 ) Case No.: 2:20-cv-02102-EJY Plaintiff, ) 11 ) STIPULATION FOR THE AWARD AND v. ) PAYMENT OF ATTORNEY FEES AND 12 ) EXPENSES PURSUANT TO THE EQUAL KILOLO KIJAKAZI, ) ACCESS TO JUSTICE ACT, 28 U.S.C. Acting Commissioner of Social Security, ) § 2412(d) ) 14 Defendant. ) ) 15 ) 11 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff Michael Carl Aceto be awarded attorney fees and expenses in the amount of five thousand eight hundred ninety-eight dollars and twenty-five cents ($5,898.25) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of four hundred dollars ($400.00) 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 U.S.C. §§ 1920; 2412(d).

88 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, 1100 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 1111 depend on whether the fees are subject to any offset allowed under the United States Department of 1122 the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 1133 determine whether they are subject to any offset.

1144 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 1155 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees and 1166 expenses to be made directly to Olinsky Law Group, pursuant to the assignment executed by Plaintiff.

1177 Any payments made shall be delivered to Olinsky Law Group, 250 South Clinton Street, Suite 210, 1188 Syracuse, NY 13202 (EIN 26-2258247).

1199 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 2200 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 2211 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and 2222 all claims that Plaintiff and/or Olinsky Law Group and Hal Taylor may have relating to EAJA attorney 2233 fees in connection with this action.

2244 // 2255 // 2266 1 This award is without prejudice to the rights of Hal Taylor and/or Olinsky Law Group to seek || Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of || the EAJA.

4 || Dated: March 22, 2022 Respectfully submitted, 5 OF COUNSEL, OLINSKY LAW GROUP 6 /s/ Hal Taylor HAL TAYLOR 7 Attorney for Plaintiff 9 Respectfully submitted, || Dated: March 22, 2022 CHRISTOPHER CHIOU ll Acting United States Attorney District of Nevada 12 Nevada Bar No. 14853 13 DANIEL P. TALBERT, SBN OH 0084088 Special Assistant United States Attorney 14 160 Spear Street, Suite 800 San Francisco, California 94105 15 Telephone: (510) 970-4860 Facsimile: (415) 744-0134 16 *(as authorized by email on March 22, 2022)* E-Mail: daniel.talbert @ ssa.gov Attorneys for Defendant IT |S SO ORDERED.

IT IS FURTHER ORDERED that the Motion for 21 Attorney's Fees (ECF No. 26) is DENIED with prejudice.

24 U.S. MAGISTRAT DGE 25 .

Dated: March 22, 2022