Mitchell v. Commissioner Of Social Security ( 2021 )

1 CHRISTOPHER CHIOU, NVSBN 14853 Acting United States Attorney 2 District of Nevada 3 Chantal Jenkins Special Assistant United States Attorney 4 Social Security Administration 160 Spear Street, Suite 800 5 San Francisco, CA 94105 Telephone: (510) 970-4823 6 Facsimile: (415) 744-0134 Email: chantal.jenkins@ssa.gov 7 Attorneys for Defendant 8 9 10 11 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 12 13 RHONDA TAYLOR MITCHELL, ) ) Case No.: 2:20-cv-01979-DJA 14 Plaintiff, ) ) 15 v. ) STIPULATION FOR THE AWARD AND ) PAYMENT OF ATTORNEY FEES AND 16 KILOLO KIJAKAZI, ) EXPENSES PURSUANT TO THE EQUAL Acting Commissioner of Social Security, ) ACCESS TO JUSTICE ACT, 28 U.S.C. § 17 ) 2412(d) Defendant. ) 18 ) 19 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 21 subject to the approval of the Court, that Plaintiff Rhonda Taylor Mitchell [Plaintiff] be awarded 22 attorney fees and expenses in the amount of six thousand eight hundred and ninety five dollars ($6,895) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents 23 compensation for all legal services rendered on behalf of Plaintiff by counsel Hal Taylor (counsel) in 24 connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 25 11 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 22 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 33 whether the fees are subject to any offset allowed under the United States Department of the 44 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 55 whether they are subject to any offset. 66 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 77 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 88 and costs to be made directly to counsel, pursuant to the assignment executed by Plaintiff. Any 99 payments made shall be delivered to counsel. 1100 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 1111 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 1122 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and 1133 all claims that Plaintiff and/or counsel including counsel’s firm may have relating to EAJA attorney 1144 fees in connection with this action. 1155 This award is without prejudice to the rights of counsel to seek Social Security Act attorney 1166 fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 1177 Respectfully submitted, 1188 1199 /s/ Hal Taylor*____________ Hal Taylor, Esq. 2200 *authorized via email by Hal Taylor on Oct. 1, 2021 Attorney For Plaintiff 2211 2222 CHRISTOPHER CHIOU 2233 Acting United States Attorney 2244 /s/ Chantal R. Jenkins CHANTAL R. JENKINS 2255 Special Assistant United States Attorney 1 ORDER 2 IT IS ORDERED that the parties' stipulation (ECF No. 28) is GRANTED. 3 IT IS FURTHER ORDERED that Plaintiff's Motion for Attorney's Fees Pursuant to the 4 Equal Access to Justice Act, 28 U.S.C.A. § 2412 (ECF No. 27) is DENIED as moot. 5 DATED this 4th day of October, 2021. 7 Daniel J. Albregt | United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CERTIFICATE OF SERVICE 11 I, Chantal R. Jenkins, certify that the following individual was served with a copy of the FOR 22 33 THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE 44 EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) on the date and via the method of service 55 identified below: 66 Hal Taylor 77 2551 W. Lakeridge Shores Reno, NV 89519 88 775-825-2223 Fax: 775-329-1113 99 Email: haltaylorlawyer@gbis.com 1100 1111 I declare under penalty of perjury that the foregoing is true and correct. 1122 Dated: October 1, 2021 1133 1144 /s/ Chantal R. Jenkins CHANTAL R. JENKINS 1155 Special Assistant United States Attorney 1166 1177 1188 1199 2200 2211 2222 2233 2244 2255