Goldblatt v. Berryhill

Filing 22

ORDER granting ECF No. 21 Joint Stipulation for EAJA Fees. Signed by Judge Miranda M. Du on 1/2/2019. (Copies have been distributed pursuant to the NEF - LH)

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Hal Taylor, Esq.
Bar No.: 4399
223 Marsh Ave.
Reno, NV 90509
Tel: [phone]
Email: [e-mail]
Attorney for Plaintiff
Hannalore B. Merritt, Esq
Osterhout Berger Disability Law, LLC
521 Cedar Way, Suite 200
Oakmont, PA 15139
Ph.: 412-794-8003
Fax: [phone]
PA Bar ID: 323589
[e-mail]
Pro Hac Vice Attorney for Plaintiff Hal Goldblatt
Counsel had complied with LR IA 10-2

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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HAL GOLDBLATT,

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Plaintiff,
v.

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NANCY A. BERRYHILL,
Acting Commissioner of
Social Security,

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Defendant.

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CIVIL ACTION NO.
2:17-cv-02193-MMD-VCF
JOINT STIPULATION FOR
ATTORNEY FEES UNDER
THE EQUAL ACCESS TO
JUSTICE ACT

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It is hereby stipulated by and between the parties, through their undersigned

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counsel, subject to the approval of the Court, that the parties have agreed to a

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compromise settlement of Plaintiff’s request for attorney fees in the amount of Four

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Thousand Two Hundred Fifty Dollars and 00/100 ($4,250.00). This amount represents
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compensation for all legal services rendered on behalf of Plaintiff by counsel in

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connection with this civil action, in accordance with 28 USC §2412(d).

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The Court shall order that the awarded attorney fees be made payable to

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Plaintiff, Hal Goldblatt, and delivered to the business address of Plaintiff’s counsel.

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EAJA fees awarded by this Court belong to the plaintiff and are subject to offset

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under the Treasury Offset Program (31 U.S.C. §3716(c)(3)(B) (2006)). See Astrue v.

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Ratliff, 130 S.CT 2521, 2528-29 (2010). Defendant recognizes that Plaintiff assigned

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her right to EAJA fees to her attorney. If it is determined upon effectuation of the

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Court’s EAJA fee order that Plaintiff does not owe a debt that is subject to offset under

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the Treasury Offset Program, Defendant agrees to accept the assignment, and fees

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will be made payable to Plaintiff’s attorney. If there is such a debt, any fee remaining

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after offset will be payable to Plaintiff.

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This stipulation constitutes a compromise settlement of Plaintiff’s request for

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attorney fees under the EAJA, and does not constitute an admission of liability on the

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part of the Commissioner under the EAJA. Payment of the aforementioned attorney

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fees shall constitute a complete release from and bar to any and all claims Plaintiff

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may have relating to attorney fees under the EAJA in connection with his action.

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This award is without prejudice to the rights of Plaintiff’s counsel to seek Social

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Security Act attorney fees under 42 USC §406, subject to the provisions of the EAJA.
Respectfully submitted,

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Dated: 01/02/2019

/s/ Hannalore B. Merritt
Hannalore B. Merritt

Pro Hac Vice Attorney for Plaintiff

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Dated: 01/02/2019

/s/ Hal Taylor

Hal Taylor
Local Counsel for Plaintiff

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DALE ELIESON
United States Attorney
BLAINE T. WELSH
Chief, Civil Division

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/s/ Ben A. Porter*

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Dated: 01/02/2019

Ben A. Porter, Esquire
Special Assistant United States Attorney
Attorneys for Defendant
(*Permission to use electronic signature obtained
via email dated 1/2/19).

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
HAL GOLDBLATT,

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Plaintiff,
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v.
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NANCY A. BERRYHILL,
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Deputy Commissioner of
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Operations performing the
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duties and functions not
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reserved for the Commissioner )
of Social Security,
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Defendant. )

CIVIL ACTION NO.
2:17-cv-02193-MMD-VCF
ORDER GRANTING
STIPULATION FOR ATTORNEY
UNDER THE EAJA

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It is hereby ORDERED that the Joint Stipulation for EAJA Fees (Docket No.

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21) is GRANTED and Plaintiff is awarded $4,200.00 in attorney’s fees. Astrue vs.

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Ratliff, 130 S. Ct. 2521, 2524 (2010), directs that the check should be made payable

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to Plaintiff and mailed to Plaintiff’s Counsel.

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January 2, 2019
Date: ___________________

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HON. MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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