Stinson v. Saul

Filing 24

ORDER approving ECF No. 23 Stipulation Awarding Attorney Fees Under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Signed by Magistrate Judge William G. Cobb on 11/17/2020. (Copies have been distributed pursuant to the NEF - KR)

Case 3:19-cv-00334-WGC Document 24 Filed 11/17/20 Page 1 of 3

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JOLENE R. STINSON,
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Plaintiff,
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v.
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ANDREW SAUL,
Commissioner of Social Security,
Defendant.

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Case No.: 3:19-cv-00334-WGC
ORDER ON STIPULATION AWARDING
ATTORNEY FEES UNDER THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C. §
2412(d)

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IT IS STIPULATED by and between the parties, through their undersigned counsel, subject to
the Court’s approval, that Plaintiff Jolene R. Stinson be awarded attorney fees and expenses in the

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amount of NINE THOUSAND DOLLARS AND 61 CENTS ($9,000.61) under the Equal Access to
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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

25 matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff, 560
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Case 3:19-cv-00334-WGC Document 24 Filed 11/17/20 Page 2 of 3

1 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend
2 on whether the fees are subject to any offset allowed under the United States Department of the
3 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine
whether they are subject to any offset.
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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 to be made
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directly to Plaintiff’s counsel, pursuant to the assignment executed by Plaintiff. Any payments made
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shall be delivered to Plaintiff’s counsel.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney
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fees 1, and does not constitute an admission of liability on the part of Defendant under the EAJA or
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otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and
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all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees in
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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
14 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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Osterhout Berger Disability Law, LLC

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/s/ Karl E. Osterhout by Chantal R. Jenkins*
Karl E. Osterhout
As authorized via email by Lori A. Nypaver on
November 15, 2020
Attorney for Plaintiff

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23 Dated: November 16, 2020
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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX

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The parties settled as to the number of hours on the attached time sheet.

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Case 3:19-cv-00334-WGC Document 24 Filed 11/17/20 Page 3 of 3

Social Security Administration

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By:

/s/ Chantal R. Jenkins
CHANTAL R. JENKINS
Special Assistant United States Attorney

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE
DATED: November 17, 2020

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