(SS) Morales v. Commissioner of Social Security ( 2023 )

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) 621-2536 5 Email: Stuartbarasch@gmail.com 6 Attorney for Plaintiff, Robin Lyn Morales 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 11 12 ) Case No.: 1:22-cv-00230-BAM ROBIN LYN MORALES, ) 13 ) Plaintiff, ) STIPULATION FOR THE AWARD 14 ) vs. ) AND PAYMENT OF ATTORNEY 15 ) FEES PURSUANT TO THE EQUAL ) ACCESS TO JUSTICE ACT, 28 U.S.C. 16 KILOLO KIJAKAZI, Commissioner of ) Social Security, ) § 2412(d), AND COSTS PURSUANT 17 ) 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 19, 2022 as moot (Dkt. 16). 21 IT IS HEREBY STIPULATED by and between the parties through their 22 undersigned counsel, subject to the approval of the Court, that Plaintiff Robin 23 Lyn Morales be awarded attorney fees in the amount of Five Thousand Nine 24 Hundred Six Dollars and Sixty-Seven Cents ($5,906.67) under the Equal Access 25 to Justice Act (EAJA), 28 U.S.C. § 2412(d) and costs in the amount of Four 26 Hundred Two Dollars ($402.00) under 28 U.S.C. § 1920. This amount represents 27 28 1 compensation for all legal services rendered on behalf of Plaintiff by counsel in 2 connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 3 After the Court issues an order for EAJA fees to Plaintiff, the government 4 will consider the matter of Plaintiff’s assignment of EAJA fees (see Exhibit A) to 5 Olinsky Law Group. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 6 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 7 whether the fees are subject to any offset allowed under the United States 8 Department of the Treasury’s Offset Program. After the order for EAJA fees is 9 entered, the government will determine whether they are subject to any offset. 10 Fees shall be made payable to Plaintiff, but if the Department of the 11 Treasury determines that Plaintiff does not owe a federal debt, then the 12 government shall cause the payment of fees to be made directly to Olinsky Law 13 Group, pursuant to the assignment executed by Plaintiff. Any payments made 14 shall be delivered to Olinsky Law Group, 250 South Clinton Street, Suite 210, 15 Syracuse, NY 13202. 16 This stipulation constitutes a compromise settlement of Plaintiff’s request 17 for EAJA attorney fees, and does not constitute an admission of liability on the 18 part of Defendant under the EAJA or otherwise. Payment of the agreed amount 19 shall constitute a complete release from, and bar to, any and all claims that 20 Plaintiff and/or Stuart T. Barasch including the Olinsky Law Group may have 21 relating to EAJA attorney fees in connection with this action. 22 This award is without prejudice to the rights of Stuart T. Barasch and/or 23 the Olinsky Law Group to seek Social Security Act attorney fees under 42 U.S.C. 24 § 406(b), subject to the savings clause provisions of the EAJA. 25 26 27 Date: December 30, 2022 Stuart T. Barasch, Esq. by Howard D. Olinsky, Esq 28 Attorney for Plaintiff Of Counsel, Olinsky Law Group 1 2 3 By: /s/ Stuart T. Barasch 4 Stuart T. Barasch 5 Of Counsel, Olinsky Law Group Attorneys for Plaintiff 6 7 PHILIP A. TALBERT, Esq. 8 United States Attorney MATHEW W. PILE 9 Associate General Counsel 10 By: /s/ Margaret Lehrkindi 11 MARGARET LEHRKIND 12 Special Assistant United States Attorney Attorneys for Defendant 13 14 15 16 17 i Signed by Plaintiff’s Counsel with permission via email December 30, 2022 18 19 20 21 22 23 24 25 26 27 28 1 STUART T. BARASCH, ESQ. 2 Of Counsel, Olinsky Law Group 3 P.O. Box 961719 4 El Paso, TX 79996 Telephone: (213) 621-7622 5 Facsimile: (213) 621-2536 6 Email: Stuartbarasch@gmail.com 7 Attorney for Plaintiff, Robin Lyn Morales 8 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA- FRESNO DIVISION 10 11 ROBIN LYN MORALES, 12 Plaintiff, CASE NO.: 1:22-CV-00230-BAM 13 14 -v- 15 ACTING COMMISSIONER OF SOCIAL SECURITY, 16 Defendant. 17 18 19 ORDER AWARDING ATTORNEY’S FEES PURSUANT TO THE EQUAL ACCESS TO 20 JUSTICE ACT, 28 U.S.C. § 2412 (d) 21 22 Before the Court is a Stipulation for Attorney’s Fees pursuant to the Equal 23 Access to Justice Act, 28 U.S.C. § 2412(d). Based on the pleadings as well as the 24 position of Defendant Commissioner, and recognizing Plaintiff’s waiver of direct 25 payment and assignment of EAJA to his counsel, 26 IT IS HEREBY ORDERED that attorney’s fees in the amount of Five 27 Thousand Nine Hundred Six Dollars and Sixty-Seven Cents ($5,906.67) pursuant 28 to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) and costs in the amount of 1 2 Four Hundred Two Dollars ($402.00) pursuant to 28 U.S.C. § 1920 are awarded to 3 Plaintiff. 4 If the U.S. Department of the Treasury determines that Plaintiff’s EAJA 5 fees, expenses, and costs are not subject to offset allowed under the Department of 6 the Treasury’s Offset Program (TOPS), then the check for EAJA fees, expenses, 7 and costs may be made payable to Olinsky Law Group. Any payment of costs may 8 be made either by electronic fund transfer (EFT) or by check. 9 IT IS FURTHER ORDERED that Plaintiff’s Motion for EAJA fees (Dkt. 10 No. 16) is hereby denied as moot. 11 IT IS SO ORDERED. 12 13 Dated: January 4, 2023 /s/ Barbara A. McAuliffe _ 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28