Blackburn v. Commissioner of Social Security

Filing 27

Memorandum Opinion and Order re 26 Joint Stipulation to an Award of Fees under the EAJA. Pursuant to the joint stipulation, Plaintiff is awarded $3,800.00 in attorney fees pursuant to the EAJA payable as indicated in the Court's Order. Magistrate Judge Nancy A. Vecchiarelli on 3/11/2014. (G,W)

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

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CASE NO:

5:13-CV-00711

MAGISTRATE JUDGE
NANCY A. VECCHIARELLI

MEMORANDUM OPINION
AND ORDER

This case is before the Magistrate Judge by the consent of the parties. (Doc.
No. 10.) On February 14, 2014, Plaintiff, Gary M. Blackburn, through his attorney,
Paulette F. Balin, filed a motion for attorney fees under the Equal Access to Justice Act
(“EAJA”), 28 U.S.C. § 2412(d), in the amount of $4,151.10. (Application for Attorney
Fees (“EAJA Application”), Doc. No. 23.) The Commissioner did not file any opposition
to the EAJA Motion.
On March 4, 2014, the parties filed a Joint Proposed Stipulation to an Award of
Fees under the EAJA in the amount of $3,800.00. (Doc. No. 26.) The Court finds the
stipulated amount to be reasonable. Therefore, the Court awards Plaintiff $3,800.00 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.
The parties’ stipulation is not clear regarding the issue of the identity of the
payee of the check for the attorney fees in this case. In one paragraph, the stipulation

reads, “The Court shall order that the awarded attorney fees be made payable to
Plaintiff . . . and delivered to the business address of Plaintiff’s counsel.” (Doc. No. 26
at 1.) However, the next paragraph provides that the identity of the payee depends on
whether Plaintiff has any outstanding federal debt: If Plaintiff has no outstanding federal
debt, the stipulation requires the Commissioner to make the check payable to Plaintiff’s
counsel, rather than to Plaintiff. (Id. at 1-2.) Under the terms of this later paragraph,
the check shall be payable to Plaintiff only if he has outstanding federal debt. (Id. at 2.)
In that case, the stipulation requires the Commissioner to make the check payable to
Plaintiff, for the amount remaining after subtracting the amount of Plaintiff’s federal
debt. (Id. at 2.)
The Court finds, based on past practice and in order to ensure the fairest result
to all parties involved, that the parties intended to stipulate to the scenario set forth in
the later paragraph of the stipulation. Accordingly, if counsel for the parties can verify
that Plaintiff owes no pre-existing debts to the United States that are subject to offset,
the Commissioner shall direct that the award be made payable to Plaintiff’s counsel
subject to the assignment signed by Plaintiff and his counsel, and that the Treasury
Department 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 mailed 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
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no attorney fees shall be paid.
IT IS SO ORDERED.

s/ Nancy A. Vecchiarelli
U.S. Magistrate Judge

Date: March 11, 2014

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