Moody v. Commissioner of Social Security

District Court, D. Nevada

Moody v. Commissioner of Social Security

Trial Court Opinion

1 Hal Taylor, Esq. Of Counsel, Olinsky Law Group 2 NV Bar No.: 4399 2551 West Lakeridge Shores 3 Reno, NV 89519 Telephone: 775-825-2223 4 Facsimile: 775-329-1113 Email: [email protected] 5 Attorney for Plaintiff, Donald Ambrose Moody 6

7 UNITED STATES DISTRICT COURT

8 DISTRICT OF NEVADA

9 DONALD AMBROSE MOODY, ) 10 ) Case No.: 2:21-cv-01057-VCF 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. 13 Acting Commissioner of Social Security, ) § 2412(d) ) 14 Defendant. ) ) 15 )

16

17 18 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 Donald Ambrose Moody be awarded attorney fees in 33 the amount of five thousand six hundred forty-nine dollars and forty-seven cents ($5,649.47) under the 44 Equal Access to Justice Act (EAJA),

28 U.S.C. § 2412

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

28 U.S.C. §§ 1920

; 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 Olinsky Law Group. Pursuant to Astrue v. Ratliff, 99

560 U.S. 586, 598

,

130 S.Ct. 2521

,

177 L.Ed.2d 91

(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 Olinsky Law Group, 250 South Clinton Street, Suite 210, 1177 Syracuse, NY 13202 (EIN 26-2258247). Any payment of costs may be made either by electronic fund 1188 transfer (EFT) or by check. 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 2 || Social Security Act attorney fees under

42 U.S.C. § 406

(b), subject to the savings clause provisions of 3 || the EAJA. 4 5 6 |} Dated: June 21, 2022 Respectfully submitted, 7 OF COUNSEL, OLINSKY LAW GROUP 8 /s/ Hal Taylor HAL TAYLOR 9 Attorney for Plaintiff 10 11 || Dated: June 21, 2022 Respectfully submitted, 12 CHRISTOPHER CHIOU B Acting United States Attorney District of Nevada 14 Nevada Bar No. 14853 15 DANIEL P. TALBERT, SBN OH 0084088 Special Assistant United States Attorney 16 160 Spear Street, Suite 800 San Francisco, California 94105 17 Telephone: (510) 970-4860 Facsimile: (415) 744-0134 18 *(as authorized by email on June 15, 2022)* E-Mail: daniel.talbert @ ssa.gov 19 Attorneys for Defendant 20 21 IT IS SO ORDERED:

TON. CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 24 25 DATED: _ June 22,2022 00 26

11 CERTIFICATE OF SERVICE 22 33

44

55 66

77

88

99

1100

1111

1122 /s/ 1133 HAL TAYLOR Attorney for Plaintiff 1144 Of Counsel, Olinsky Law Group 1155 1166 1177 1188 1199 2200 2211 2222 2233 2244 2255 2266 Hal Dated: Taylor

Attorney for I declare under penalty of perjury that the foregoing is true and correct. June 21, 2022

following parties by electronically filing the foregoing with the Clerk of the District Court using its ECF System, which provides electronic notice of the filing: Daniel P. Talbert [email protected] Defendant

PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT,

28 U.S.C. § 2412

(d) on the caused service of STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES business address is 250 South Clinton Street, Syracuse, NY 13202. On the date set forth below, I

I, the undersigned, am a citizen of the United States and am at least eighteen years of age. My

Reference

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