(SS) Curtev v. Commissioner of Social Security ( 2022 )

STUART T. BARASCH, ESQ. 1 Of Counsel, Olinsky Law Group 2 P.O. Box 961719 3 El Paso, TX 79996 Telephone: (213) 621-7622 4 Facsimile: (213) 402-2261 5 Email: Stuartbarasch@gmail.com 6 Attorney for Plaintiff, Cristian Curtev 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 ) No. 2:21-cv-2397 DB CRISTIAN CURTEV, ) 13 ) 14 Plaintiff, ) ) STIPULATION AND ORDER FOR vs. ) THE AWARD AND PAYMENT OF 15 ) ATTORNEY FEES PURSUANT TO ) THE EQUAL ACCESS TO JUSTICE 16 KILOLO KIJAKAZI, Commissioner of ) Social Security, ) ACT, 28 U.S.C. § 2412(d), AND COSTS 17 ) PURSUANT TO 28 U.S.C. § 1920 ) 18 Defendant. 19 This stipulation is intended to replace and deny the Motion for Attorney 20 Fees Plaintiff filed on December 5, 2022 as moot (Dkt. 19). 21 IT IS HEREBY STIPULATED by and between the parties through their 22 undersigned counsel, subject to the approval of the Court, that Plaintiff Cristian 23 Curtev be awarded attorney fees in the amount of Four Thousand Four Hundred 24 and Five Dollars ($4,405.00) under the Equal Access to Justice Act (EAJA), 28 25 U.S.C. § 2412(d). This amount represents compensation for all legal services 26 rendered on behalf of Plaintiff by counsel in connection with this civil action, in 27 accordance with 28 U.S.C. §§ 1920; 2412(d). 28 1 After the Court issues an order for EAJA fees to Plaintiff, the government 2 will consider the matter of Plaintiff’s assignment of EAJA fees (see Exhibit A) to 3 Olinsky Law Group. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 4 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 5 whether the fees are subject to any offset allowed under the United States 6 Department of the Treasury’s Offset Program. After the order for EAJA fees is 7 entered, the government will determine whether they are subject to any offset. 8 Fees shall be made payable to Plaintiff, but if the Department of the 9 Treasury determines that Plaintiff does not owe a federal debt, then the 10 government shall cause the payment of fees to be made directly to Olinsky Law 11 Group, pursuant to the assignment executed by Plaintiff. Any payments made 12 shall be delivered to Olinsky Law Group, 250 South Clinton Street, Suite 210, 13 Syracuse, NY 13202. 14 This stipulation constitutes a compromise settlement of Plaintiff’s request 15 for EAJA attorney fees, and does not constitute an admission of liability on the 16 part of Defendant under the EAJA or otherwise. Payment of the agreed amount 17 shall constitute a complete release from, and bar to, any and all claims that 18 Plaintiff and/or Stuart T. Barasch including the Olinsky Law Group may have 19 relating to EAJA attorney fees in connection with this action. 20 This award is without prejudice to the rights of Stuart T. Barasch and/or 21 the Olinsky Law Group to seek Social Security Act attorney fees under 42 U.S.C. 22 § 406(b), subject to the savings clause provisions of the EAJA. 23 24 25 Date: December 13, 2022 Stuart T. Barasch, Esq. by Howard D. Olinsky, Esq 26 Attorney for Plaintiff 27 Of Counsel, Olinsky Law Group 28 1 By: /s/ Stuart T. Barasch 2 Stuart T. Barasch 3 Of Counsel, Olinsky Law Group Attorneys for Plaintiff 4 5 PHILIP A. TALBERT, Esq. United States Attorney 6 MATHEW W. PILE 7 Associate General Counsel 8 By: /s/ Mary Tsaii 9 MARY TSAI 10 Special Assistant United States Attorney Attorneys for Defendant 11 12 ORDER IT IS HEREBY ORDER that: 13 14 1. The parties’ December 20, 2022 stipulation (ECF No. 21) is granted; and 15 2. Plaintiff’s December 5, 2022 motion for attorney’s fees (ECF No. 19) is denied as having been rendered moot. 16 17 DATED: December 23, 2022 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 18 19 i Signed by Plaintiff’s Counsel with permission via email December 13, 2022 20 21 22 23 24 25 26 27 28