Cox v. Social Security

1 JASON M. FRIERSON United States Attorney District of Nevada Nevada Bar No. 7709 SATHYA OUM, CSBN 255431 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (510) 970-48146 Facsimile: (415) 744-0134 E-Mail: [email protected] Attorneys for Defendant UNITED STATES DISTRICT COURT DISTRICT OF NEVADA LATRINA C. COX, ) ) Case No.: 2:21-cv-01244-BNW 13 Plaintiff, ) ) STIPULATION FOR THE AWARD AND 14 v. ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE EQUAL KILILO KIJAKAZI, ) ACCESS TO JUSTICE ACT, 28 U.S.C. Acting Commissioner of Social Security,1 ) §2412(d), AND COSTS PURSUANT TO 16 ) 28 U.S.C. § 1920 Defendant. ) 17 ) ) 1 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi should be substituted, therefore, 11 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff Latrina C. Cox be awarded attorney fees and expenses in the amount of eight thousand four hundred dollars ($8,400.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). 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 55 U.S.C. §§ 1920; 2412(d).

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

1122 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 1133 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 1144 and costs to be made directly to Olinsky Law Group, pursuant to the assignment executed by Plaintiff.

1155 Any payments made shall be delivered to Olinsky Law Group.

1166 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 1177 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 1188 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and 1199 all claims that Plaintiff and/or Olinsky Law Group may have relating to EAJA attorney fees in 2200 connection with this action. // 2211 // 2222 // 2233 // 2244 // 2255 l This award is without prejudice to the rights of 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: September 28, 2022 Respectfully submitted, 5 OF COUNSEL, OLINSKY LAW GROUP 6 /s/ Hal Taylor HAL TAYLOR 7 Attorney for Plaintiff g (*as authorized via email on September 28, 2022) Attorney for Plaintiff Dated: September 28, 2022 Respectfully submitted, JASON M. FRIERSON 12 United States Attorney 13 /s/ Sathya Qum SATHYA OUM 14 Special Assistant United States Attorney Attorneys for Defendant 18 ORDER 19 IT IS ORDERED that ECF No. 34 is GRANTED.

20 IT IS FURTHER ORDERED that ECF No. 33 is DENIED as moot.

21 ITIS SO ORDERED E DATED: 11:21 am, September 30, 2022 22 Gaon web 23 UNITED STATES MAGISTRATE JUDGE

11 CERTIFICATE OF SERVICE 22 I, the undersigned, am a citizen of the United States and am at least eighteen years of age. My 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 THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d), AND COSTS PURSUANT TO 28 U.S.C. § 1920 on the 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: 99 Hal Taylor, Esq.

Of Counsel, Olinsky Law Group 1100 NV Bar No.: 4399 2551 West Lakeridge Shores 1111 Reno, NV 89519 Telephone: 775-825-2223 1122 Facsimile: 775-329-1113 Email: [email protected] 1133 1144 I declare under penalty of perjury that the foregoing is true and correct.

1155 Dated: September 28, 2022 1166 /s/ Sathya Oum 1177 SATHYA OUM Special Assistant United States Attorney 1188 1199 2200 2211 2222 2233 2244 2255