Stinson v. Saul

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 JOLENE R. STINSON, ) 12 ) Case No.: 3:19-cv-00334-WGC Plaintiff, ) 13 ) ORDER ON STIPULATION AWARDING v. ) ATTORNEY FEES UNDER THE EQUAL 14 ) ACCESS TO JUSTICE ACT, 28 U.S.C. § ANDREW SAUL, ) 2412(d) 15 Commissioner of Social Security, ) ) 16 Defendant. ) ) 17 18 IT IS STIPULATED by and between the parties, through their undersigned counsel, subject to 19 the Court’s approval, that Plaintiff Jolene R. Stinson be awarded attorney fees and expenses in the 20 amount of NINE THOUSAND DOLLARS AND 61 CENTS ($9,000.61) under the Equal Access to 21 Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal services 22 rendered on behalf of Plaintiff by counsel in connection with this civil action in accordance with 28 23 U.S.C. § 2412(d). 24 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 25 matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff, 560 11 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend 22 on whether the fees are subject to any offset allowed under the United States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 33 whether they are subject to any offset. 44 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 55 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to be made 66 directly to Plaintiff’s counsel, pursuant to the assignment executed by Plaintiff. Any payments made 77 shall be delivered to Plaintiff’s counsel. 88 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 99 fees1, and does not constitute an admission of liability on the part of Defendant under the EAJA or 1100 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and 1111 all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees in 1122 connection with this action. 1133 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security Act 1144 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 1155 1166 Respectfully submitted, 1177 Osterhout Berger Disability Law, LLC 1188 Dated: November 16, 2020 /s/ Karl E. Osterhout by Chantal R. Jenkins* Karl E. Osterhout 1199 As authorized via email by Lori A. Nypaver on 2200 November 15, 2020 Attorney for Plaintiff 2211 2222 2233 Dated: November 16, 2020 MCGREGOR W. SCOTT United States Attorney 2244 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 2255 1 The parties settled as to the number of hours on the attached time sheet. Social Security Administration 2 By: /s/Chantal R. Jenkins 3 CHANTAL R. JENKINS 4 Special Assistant United States Attorney 5 6 7 8 IT IS SO ORDERED: 9 10 biwtu CGC. Cob UNITED STATES MAGISTRATE JUDGE DATED: November 17, 2020 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26