Switzer v. Commissioner of Social Security Administration

Filing 20

Memorandum Opinion and Order re 19 Joint Proposed Stipulation. The Court finds the stipulated amount to be reasonable and awards Plaintiff $3,700 in attorney fees pursuant to the EAJA. If Plaintiff has outstanding federal debt that exceeds the amount of the stipulated attorney fees, the stipulated amount shall be used to offset Plaintiff's federal debt and no attorney fees shall be paid. Magistrate Judge Nancy A. Vecchiarelli on 8/6/2014. IMPORTANT: Counsel is directed to thoroughly read the Court's Order. (G,W)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
DEBORAH ANN SWITZER,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social
Security,
Defendant.

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CASE NO:

1:13-CV-01919

MAGISTRATE JUDGE
NANCY A. VECCHIARELLI

MEMORANDUM OPINION
AND ORDER

This case is before the undersigned Magistrate Judge by the consent of the
parties. (Doc. No. 13.) On August 5, 2014, the parties filed a joint proposed stipulation
to an award of fees under the Equal Access to Justice Act (“EAJA”) in the amount of
$3,700.00. (Doc. No. 19.) The Court finds the stipulated amount to be reasonable.
Therefore, the Court awards Plaintiff $3,700.00 in attorney fees pursuant to the EAJA.
This award shall satisfy all of Plaintiff’s claims for fees and expenses under 28 U.S.C. §
2412.
Pursuant to the parties’ stipulation, if counsel for the parties can verify that
Plaintiff owes no pre-existing debts to the United States that are subject to offset,
Defendant shall direct that the award be made payable to Plaintiff’s counsel subject to
the assignment signed by Plaintiff and her counsel, and shall direct the Treasury
Department to mail any check in this matter to the business address of Plaintiff’s
counsel. If Plaintiff owes a pre-existing federal debt subject to offset, the Commissioner
shall direct that the check be made payable directly to Plaintiff, in an amount equaling

the balance of the stipulated attorney fees remaining after subtracting the amount of
Plaintiff’s outstanding federal debt, and delivered to the business address of Plaintiff’s
counsel. If Plaintiff’s outstanding federal debt exceeds the amount of the stipulated
attorney fees, the stipulated amount shall be used to offset Plaintiff’s federal debt and
no attorney fees shall be paid.
IT IS SO ORDERED.
s/ Nancy A. Vecchiarelli
U.S. Magistrate Judge

Date: August 6, 2014

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