Riopelle v. Commissioner of Social Security

Filing 22

ORDER granting the parties 21 Joint Motion for Attorney Fees. The Parties Joint Motion for an Award of Attorneys Fees under the Equal Access to Justice Act is accepted and the Commissioner shall pay Plaintiffs attorney fees in the amount of  6;4,680.00, and $400.00 in costs for a total of $5,080.00; Counsel for the parties shall verify whether or not Plaintiff owes a preexisting debt to the United States subject to offset, consistent with Astrue v. Ratliff, 130 S.Ct. 252 1, 560 U.S. 586 (2010). If no such pre-existing debt exists, Defendant shall pay the EAJA award directly to Plaintiffs counsel pursuant to the EAJA assignment signed by Plaintiff; and The case remains terminated on the docket of this Court. Signed by Magistrate Judge Karen L. Litkovitz on 11/17/2021. (art)

Case: 1:20-cv-00266-KLL Doc #: 22 Filed: 11/17/21 Page: 1 of 2 PAGEID #: 3802

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
MAUREEN L RIOPELLE,
Plaintiff,

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v.
KILOLO KIJAKAZI, ACTING
COMMISSIONER OF THE
SOCIAL SECURITY
ADMINISTRATION, 1
Defendant.

Civil Action No. 1:20-cv-00266
Magistrate Judge
Karen L. Litkovitz

ORDER
This cause coming before the Court on the joint motion of the parties, due notice having
been given, and the Court being fully advised,
IT IS THEREFORE ORDERED THAT:
1. The Parties’ Joint Motion for an Award of Attorney’s Fees under the Equal Access to
Justice Act is accepted and the Commissioner shall pay Plaintiff’s attorney fees in the
amount of $4,680.00, and $400.00 in costs for a total of $5,080.00;
2. Counsel for the parties shall verify whether or not Plaintiff owes a preexisting debt to the
United States subject to offset, consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 560 U.S.
586 (2010). If no such pre-existing debt exists, Defendant shall pay the EAJA award
directly to Plaintiff’s counsel pursuant to the EAJA assignment signed by Plaintiff; and
3. The case remains terminated on the docket of this Court.

Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant
to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi should be substituted,
therefore, for Andrew Saul as the defendant in this suit. No further action need be taken to
continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42
U.S.C. § 405(g).
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Case: 1:20-cv-00266-KLL Doc #: 22 Filed: 11/17/21 Page: 2 of 2 PAGEID #: 3803

IT IS SO ORDERED.

11/17/2021
Date: _____________________

Entered: ____________________________
U.S. Magistrate Judge