Lucky v. Commissioner of Social Security

Filing 21

Report and Recommendation re 16 Plaintiff's Motion for attorney's fees. ( Objections to R&R due by 7/23/2013). Signed by Magistrate Judge Greg White on 7/9/2013. (M, S)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

SUSAN MARIE LUCKY,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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CASE NO.

5:12CV1888

JUDGE CHRISTOPHER BOYKO
MAGISTRATE JUDGE GREG WHITE

REPORT & RECOMMENDATION

On April 29, 2013, the Court issued a Report & Recommendation that the final decision
of the Commissioner be affirmed in part, vacated in part, and the case remanded for further
proceedings. (Doc. No. 13.) Neither party filed Objections. (Doc. No. 14.) On May 20, 2013,
an Order was entered adopting the Report & Recommendation. (Doc. No. 15.)
Thereafter, Plaintiff, through counsel, Grant E. Felbaum, filed an application for
attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), requesting
$4, 213.81. (Doc. No. 16.) Plaintiff’s application was referred to this Court for a Report &
Recommendation. (Doc. No. 18.) Subsequently, on July 9, 2013, the Acting Commissioner of
Social Security (“Commissioner”) and Plaintiff filed a “Joint Stipulation to Award Attorney
Fees” under the EAJA. (Doc. No. 20.)

Pursuant to the joint stipulation of the parties, it is recommended that Plaintiff be
awarded attorney fees in the amount of $3,800.00 and costs in the amount of $350.00 in full
satisfaction and settlement of any and all claims Plaintiff may have under the EAJA in the above
case.
It is further recommended the Court find as follows: The award of attorney fees satisfies
all of Plaintiff’s claims for fees, costs, and expenses under 28 U.S.C. § 2412 in this matter. The
fees paid belong to Plaintiff and not her attorney and can be offset to satisfy pre-existing debt
that the litigant may owe the United States under Astrue v. Ratliff, 560 U.S. __, 130 S.Ct. 2521
(2010). After entry of this EAJA award, if counsel for the parties can verify that Plaintiff owes
no pre-existing debt subject to offset, the Commissioner shall direct that the award be made
payable to Plaintiff’s attorney pursuant to the fee assignment duly signed by Plaintiff and
counsel.

s/ Greg White
U.S. Magistrate Judge
Date: July 9, 2013

OBJECTIONS
Any objections to this Report and Recommendation must be filed with the Clerk of
Courts within fourteen (14) days after being served with a copy of this Report and
Recommendation. Failure to file objections within the specified time may waive the right
to appeal the District Court’s order. See United States v. Walters, 638 F.2d 947 (6th Cir.
1981). See also Thomas v. Arn, 474 U.S. 140 (1985), reh’g denied, 474 U.S. 1111 (1986).

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