Goin v. Social Security Administration

Filing 21

ORDER GRANTING ECF No. 20 Stipulation for the Award and Payment of Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act. Signed by Judge Howard D. McKibben on 6/24/2019. (Copies have been distributed pursuant to the NEF - DRM) Modified on 6/24/2019 to reflect ECF No. 19 Motion denied as moot pursuant to footnote page 3 (DRM).

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NICHOLAS A. TRUTANICH, NVBN 13644
United States Attorney
District of Nevada

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MARGARET BRANICK-ABILLA, CABN 223600
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
JUANITA JOAN GOIN,
Plaintiff,

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v.
ANDREW SAUL,
Commissioner of Social Security,1
Defendant.

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Case No. 3:18-cv-00207-HDM-WGC
ORDER GRANTING STIPULATION
FOR THE AWARD AND PAYMENT OF
ATTORNEY FEES AND EXPENSES
PURSUANT TO THE EQUAL ACCESS
TO JUSTICE ACT, 28 U.S.C. § 2412(d)

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Andrew Saul is now the Commissioner of Social Security and is automatically substituted in this
action pursuant to Fed. R. Civ. P. 25(d). See also 42 U.S.C. § 405(g) (action survives regardless of
any change in the person occupying the office of Commissioner of Social Security).

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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 Juanita Joan Goin (Plaintiff) be awarded

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attorney fees and expenses in the amount of SIX THOUSAND, TWO HUNDRED DOLLARS AND
ZERO CENTS ($6,200.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d).
This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel
in connection with this civil action, in accordance with 28 U.S.C. § 2412(d).
After the Court issues an order for EAJA fees to Plaintiff, the government will consider the
matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586,
598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend 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
whether they are subject to any offset.
Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that

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Plaintiff does not owe a federal debt, then the government shall cause the payment of fees and

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expenses to be made directly to Olinsky Law Group, pursuant to the assignment executed by

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Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.
This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney

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fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or
otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any

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and all claims that Plaintiff and/or counsel including Olinsky Law Group may have relating to EAJA

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attorney fees in connection with this action.

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This award is without prejudice to the rights of counsel and/or Olinsky Law Group to seek
Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions
of the EAJA.

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Respectfully submitted,

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Dated: June 24, 2019

OLINSKY LAW GROUP
By:

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/s/ Melissa Palmer*
Melissa Palmer
Attorneys for Plaintiff
[*As authorized by email on June 21, 2019]

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Dated: June 24, 2019

NICHOLAS A. TRUTANICH
United States Attorney

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By:

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/s/ Margaret Branick-Abilla
MARGARET BRANICK-ABILLA
Special Assistant United States Attorney
Attorneys for Defendant

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IT IS SO ORDERED*:

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HON. HOWARD D. MCKIBBEN
UNITED STATES DISTRICT JUDGE

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DATED: June 24, 2019

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*

The Court also denies Plaintiff's motion for attorney fees (ECF 19) as moot.

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