Steward v. Social Security

District Court, D. Nevada

Steward v. 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, Gloria Lynn Steward 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 GLORIA LYNN STEWARD, ) 10 ) Case No.: 2:21-cv-00714-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. 13 |} Acting Commissioner of Social Security, ) §2412(d) ) 14 Defendant. ) ) 15 ) 16 17 18 19 20 21 22 23 24 25 26

1 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 2 || subject to the approval of the Court, that Plaintiff Gloria Lynn Steward be awarded attorney fees and 3 || expenses in the amount of six thousand five hundred fifty-four dollars and twenty-seven cents 4 || ($6,554.27) under the Equal Access to Justice Act (EAJA),

28 U.S.C. § 2412

(d), and costs in the 5 || amount of four hundred two dollars ($402.00) under

28 U.S.C. § 1920

. This amount represents 6 || compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this 7 || civil action, in accordance with

28 U.S.C. §§ 1920

; 2412(d). 8 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the g || matter of Plaintiff's assignment of EAJA fees to Olinsky Law Group. Pursuant to Astrue v. Ratliff, 10 ||

560 U.S. 586, 598

,

130 S.Ct. 2521

,

177 L.Ed.2d 91

(2010), the ability to honor the assignment will 11 || depend on whether the fees are subject to any offset allowed under the United States Department of 12 || the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 13 || determine whether they are subject to any offset. 14 Fees shail be made payable to Plaintiff, but if the Department of the Treasury determines that 15 || Plaintiff does not owe a federal debt, then the government shall cause the payment of fees and 16 || expenses to be made directly to Olinsky Law Group, pursuant to the assignment executed by Plaintiff. 17 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney 18 |j fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 19 || otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and 20 || all claims that Plaintiff and/or Olinsky Law Group and Hal Taylor may have relating to EAJA attorney 21 || fees in connection with this action. 97 23 || 24 25 26

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: October 4, 2022 Respectfully submitted, 7 OF COUNSEL, OLINSKY LAW GROUP 8 /s/ Hal Taylor HAL TAYLOR 9 Attorney for Plaintiff 10 11 || Dated: October 4, 2022 Respectfully submitted, 12 JASON M. FRIERSON United States Attorney 13 District of Nevada 14 CHRISTOPHER J. BELLA, CSBN 294049 15 Special Assistant United States Attorney 160 Spear Street, Suite 800 16 San Francisco, Califomia 94105 Telephone: (510) 970-4805 7 Facsimile: (415) 744-0134 *(as authorized by email on October 4, 2022)* 18 E-Mail: christopher. bella(@ssa.gov 19 Attorneys for Defendant 20 ITS SO ORDERED: 22 HON. ELAYNAJ. YOUCHAH 3 UNITED STATES MAGISTRATE JUDGE 24 DATED: October 6, 2022 25 26

Reference

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