1 || JASON M. FRIERSON United States Attorney District of Nevada 3 Nevada Bar No. 7709 SOHAYL VAFAI, SBN CA 319266 4 || Special Assistant United States Atlorney Office of Program Litigation, Office 7 5 Office of the General Counsel Social Security Administration 6 160 Spear Street, Suite 800 San Francisco, CA 94105 7 Telephone: (510) 970-4838 E-Mail: [email protected] 8 Attorneys for Defendant 9 10 I UNITED STATES DISTRICT COURT V2 DISTRICT OF NEVADA 13 BRENDA DARLENE HYDE, ) 14 ) Case No.: 2:22-cv-00589-DJA Plaintiff, ) 15 ) STIPULATION FOR THE AWARD AND VS. ) PAYMENT OF ATTORNEY FEES PURSUANT 16 ) TO THE EQUAL ACCESS TO JUSTICE ACT, KILOLO KHAKA/ZI, )

(d) 17 || Acting Commissioner of Social Security, ) ) 18 Defendant. 19 20 21 22 23 24 25 26

1 This stipulation is intended to replace Plaintiff's Motion for Attorney Fees (Dkt. No. 25). 2 IT iS HEREBY STIPULATED by and between the parties, through their undersigned counsel, 3 {| subject to the approval of the Court, that Plaintiff be awarded attorney fees in the amount of $6,944.70 4 (SIX THOUSAND NINE HUNDRED FOURTY-FOUR DOLLARS AND SEVENTY CENTS) under > ||the Equal Access to Justice Act (EAJA),

(d). This amount represents compensation fo: 6 legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 7 || accordance with

(d). 8 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matt 9 || of Plaintiff's assignment of EAJA fees to counsel, if any. Pursuant to Astrue v. Ratliff,

, 59 10 || (2010), the ability to honor any assignment will depend on whether the fees. subject to any offset 11 || allowed under the United States Department of the Treasury’s Offset Program. After the order for EAJ, 12 || fees is entered, the government will determine whether they are subject to any offset. 13 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 14 || Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to be made 15 || directly to counsel, pursuant to the assignment executed by Plaintiff. Any payments made shall be 16 || delivered to Plaintiff's counsel, Hal Taylor. 17 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fee 18 || and does not constitute an admission of liability on the part of Defendant under EAJA or otherwise. 19 || Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims th 20 || Plaintiff and/or counsel, including counsel’s firm, may have relating to EAJA fees and expenses and 21 || costs in connection with this action. 22 || // 23 24 25 // 26 //

This award is without prejudice to the rights of counsel and/or counsel’s firm to seek Social 2 || Security Act attorney fees under

(b), subject to the savings clause provisions of EAJA. 3 4 Dated: December 22, 2022 Respectfully submitted, 5 /s/ Hal Taylor_ HAL TAYLOR 6 2551 W. Lakeridge Shores Reno, NV 89519 7 Telephone: 775-825-2223 8 Email: [email protected] 9 Attorney for Plaintiff JASON M. FRIERSON 10 United States Attorney 11 /s/ Sohayl Vafai SOHAYL VAFAI 12 Special Assistant United States Attorney 8 Attorneys for Defendant 14 15 16 IT IS THEREFORE ORDERED that the parties' stipulation for attorneys' fees (ECF No. 26) is GRANTED. 17 IT IS FURTHER ORDERED that Plaintiff's motion for attorneys' fees (ECF No. 25) is 18 DENIED AS MOOT. 19 20 ) 22 DANIEL J. ALBREGYS UNITED STATES MAGISTRATE JUDGE 24 DATED: December 28, 2022 25 26