Turner v. Commissioner of Social Security Administration
Filing
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Memorandum Opinion and Order Granting the parties' Joint Proposed Stipulation to an Award of Fees under the EAJA. (Related Doc. #22). The Court finds that 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 the Plaintiff's claims for fees and expenses under 28 U.S.C. Section 2412. Magistrate Judge Nancy A. Vecchiarelli on 10/16/2016. (C,LS)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
STEPHANIE TURNER,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social
Security,
Defendant.
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CASE NO:
5:14-CV-01761
MAGISTRATE JUDGE
NANCY A. VECCHIARELLI
MEMORANDUM OPINION
AND ORDER
(Doc. No. 22)
This case is before the undersigned Magistrate Judge by the consent of the
parties. (Doc. No. 11.) On September 24, 2015, Plaintiff, Stephanie Turner (“Plaintiff”),
through her attorney, Marcia Margolius, filed a motion for attorney fees under the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the am ount of $3,851.84.
(Application for Attorney Fees (“EAJA Application”), Doc. No. 19.) The Commissioner
did not file any opposition to the EAJA Motion.
On October 16, 2015, the parties filed a Joint Proposed Stipulation to an Award
of Fees under the EAJA in the amount of $3,700.00. (Doc. No. 22.) 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, any fees paid belong to Plaintiff and not her
attorney and can be offset to satisfy pre-existing debt that the litigant owes the United
States. 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.
IT IS SO ORDERED.
s/ Nancy A. Vecchiarelli
U.S. Magistrate Judge
Date: October 16, 2015
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