Bess v. Saul

Filing 29

ORDER Granting 28 Stipulation for Attorney Fees Under the Equal Access to Justice Act. Signed by Magistrate Judge Elayna J. Youchah on 4/26/2021. (Copies have been distributed pursuant to the NEF - JQC)

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1 2 3 4 5 6 7 8 9 10 11 Hal Taylor, Esq. Bar No.: 4399 223 Marsh Ave. Reno, NV 90509 Tel: (775) 825-2223 Attorney for Plaintiff Lindsay F. Osterhout, Esq Osterhout Berger Disability Law, LLC 521 Cedar Way, Suite 200 Oakmont, PA 15139 Ph.: 412-794-8003 Fax: 412-794-8050 PA Bar ID: 202275 Pro Hac Vice Attorney for Plaintiff Counsel had complied with LR IA 10-2 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 13 14 RHONDA G. BESS, 15 Plaintiff, 16 17 18 v. ANDREW SAUL, Commissioner of Social Security, 19 20 21 Defendant, ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:20-cv-1256-EJY JOINT STIPULATION FOR ATTORNEY FEES UNDER THE EAJA It is hereby stipulated by and between the parties, through their undersigned counsel, 22 subject to the approval of the Court, that the parties have agreed to a compromise settlement of 23 Plaintiff’s request for attorney fees in the amount of Four Thousand Three Hundred Seventy Five 24 Dollars and 85/100 ($4,375.85) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 25 § 2412(d), and no costs under 28 U.S.C. § 1920. This amount represents compensation for all 26 legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 27 28 accordance with 28 U.S.C. § 2412(d). 1 1 2 3 The Court shall order that the awarded attorney fees be made payable to Plaintiff, Rhonda Gale Bess, and delivered to the business address of Plaintiff’s counsel, Lindsay F. Osterhout, Esquire, at 521 Cedar Way, Suite 200, Oakmont, Pennsylvania, 15139. 4 EAJA fees awarded by this Court belong to the plaintiff and are subject to offset under the 5 6 Treasury Offset Program (31 U.S.C. §3716(c)(3)(B) (2006)). See Astrue v. Ratliff, 130 S.CT 7 2521, 2528-29 (2010). Defendant recognizes that Plaintiff assigned her right to EAJA fees to her 8 attorney. If it is determined upon effectuation of the Court’s EAJA fee order that Plaintiff does 9 not owe a debt that is subject to offset under the Treasury Offset Program, Defendant agrees to 10 11 accept the assignment, and fees will be made payable to Plaintiff’s attorney. If there is such a debt, any fee remaining after offset will be payable to Plaintiff. 12 13 14 This stipulation constitutes a compromise settlement of Plaintiff’s request for attorney fees under the EAJA, and does not constitute an admission of liability on the part of the Commissioner 15 under the EAJA or otherwise. Payment of the aforementioned attorney fees shall constitute a 16 complete release from and bar to any and all claims Plaintiff and/or Lindsay Osterhout, or any 17 attorney from her firm (Osterhout Berger Disability Law, LLC) may have relating to attorney fees 18 19 under the EAJA in connection with his action. This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 20 21 Act attorney fees under 42 USC §406, subject to the provisions of the EAJA. Respectfully submitted, 22 23 Dated: 04/26/2021 /s/ Lindsay F.. Osterhout Lindsay F. Osterhout Pro Hac Vice Attorney for Plaintiff Dated: 04/26/2021 /s/ Hal Taylor Hal Taylor Local Counsel for Plaintiff 24 25 26 27 28 2 1 2 3 4 Dated: 04/26/201 NICHOLAS A. TRUTANICH United States Attorney District of Nevada 5 6 7 8 /s/ Allison J. Cheung* ALLISON J. CHEUNG Special Assistant United States Attorney Attorneys for Defendant (*Permission for use of electronic signature obtained via email dated April 26, 2021). 9 10 IT IS SO ORDERED: 11 12 13 14 HON. ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE DATED: April 26, 2021 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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