Watson v. Commissioner of Social Security

Filing 31

ORDER granting 30 STIPULATION for Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 in the amount of $5000.00. This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA. Signed by Magistrate Judge Brenda Weksler on 6/16/2020. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:18-cv-01019-BNW Document 30 Filed 06/12/20 Page 1 of 3
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Hal Taylor, Esq.
Local Counsel
NV Bar No.: 4399
223 Marsh Ave.
Reno, NV 89509
Telephone: [phone]
Facsimile: 775-329-1113
Email: [e-mail]
Melissa Palmer, Esq.
Admitted Pro Hac Vice
Olinsky Law Group
250 South Clinton Street, Suite 210
Syracuse, NY 13202
Telephone: [phone]
Facsimile: 315-701-5781
Email: [e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA

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MARLENE L. WATSON,
Plaintiff,

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v.
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ANDREW SAUL,
Commissioner of Social Security,

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Defendant.

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No. 2:18-cv-01019-BW
STIPULATION AND PROPOSED
ORDER AWARDING ATTORNEY
FEES UNDER THE EQUAL
ACCESS TO JUSTICE ACT,
PURSUANT TO 28 U.S.C. § 2412(d),
AND COSTS, PURSUANT TO
28 U.S.C. § 1920

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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 Plaintiff be awarded attorney fees under the
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Case 2:18-cv-01019-BNW Document 30 Filed 06/12/20 Page 2 of 3
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Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FIVE THOUSAND

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DOLLARS ($5,000.00). This amount represents compensation for all legal services rendered on

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behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C.

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§§ 2412(d), 1920.

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After the Court issues an order for EAJA fees and expenses to Plaintiff, the government

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will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's

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attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the

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assignment will depend on whether the fees and expenses are subject to any offset allowed under

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the United States Department of the Treasury's Offset Program. After the order for EAJA fees

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and expenses is entered, the government will determine whether they are subject to any offset.

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Fees and expenses shall be made payable to Plaintiff, but if the Department of the

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Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause

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the payment of fees and expenses to be made directly to Melissa Palmer, Esq. pursuant to the

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assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel.

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This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA

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attorney fees and expenses, and does not constitute an admission of liability on the part of

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Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release

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from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to

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EAJA attorney fees and expenses in connection with this action.

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This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security
Act attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA.

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Dated: June 12, 2020

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Respectfully submitted,

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/s/ Hal Taylor
Hal Taylor, Esq.
NV Bar No.: 4399
223 Marsh Ave.

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Case 2:18-cv-01019-BNW Document 30 Filed 06/12/20 Page 3 of 3

Reno, NV 89509
Telephone: [phone]
Facsimile: 775-329-1113
Email: [e-mail]

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/s/ Melissa Palmer
Melissa Palmer, Esq.
Admitted Pro Hac Vice
Attorney for Plaintiff
Email: [e-mail]

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Attorney(s) for Plaintiff
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Dated: June 12, 2020

NICOLA T. HANNA
United States Attorney
DAVID M. HARRIS
Assistant United States Attorney
Chief, Civil Division

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By:

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/s/ Stacy Wiesbrock *
STACY WIESBROCK
Special Assistant United States Attorney
* By email authorization
Attorneys for Defendant

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IT IS SO ORDERED 

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DATED:   10:04 am, June 16, 2020

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_________________________________ 
BRENDA WEKSLER 
UNITED STATES MAGISTRATE JUDGE 

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