Blevins v. Commissioner of Social Security

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS (Doc. 16 ): The Court ADOPTS the entirety of the Report and Recommendations and ORDERS the following: 1. The Court GRANTS the parties' Joint Motion for an Award of Attorney's Fees Under the E qual Access to Justice Act ("BAJA") (Doc. 15 ); 2. The Commissioner shall pay Plaintiff's attorney's fees in the amount of $5,250.00 and $0.00 in costs, for a total award of $5,250.00; 3. Counsel for the parties shall verify whether Plaintiff owes a preexisting debt to the United States subject to offset, consistent with Astrue v. Ratliff, 560 U.S. 586 (2010). If no such pre-existing debt exists, Defendant shall pay the BAJA award directly to Plaintiff's counsel pursuant to the EAJA assignment signed by Plaintiff and counsel; and 4. The case shall remain terminated on the Court's docket. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 10/24/2024. (kaf)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION - CINCINNATI DEANNAB., Case No. l:22-cv-604 Plaintiff, Judge Matthew W. McFarland Magistrate Judge Caroline H. Gentry V. COMMISSIONER OF SOCIAL SECURITY, Defendant. ORDER ADOPTING REPORT AND RECOMMENDATIONS (Doc. 16) The Court has reviewed the Report and Recommendations of United States Magistrate Judge Caroline H. Gentry (Doc. 16), to whom this case is referred. Noting that no objections have been filed and the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, the Court hereby ADOPTS the entirety of said Report and Recommendations and ORDERS the following: 1. The Court GRANTS the parties' Joint Motion for an Award of Attorney's Fees Under the Equal Access to Justice Act ("BAJA") (Doc. 15); 2. The Commissioner shall pay Plaintiff's attorney's fees in the amount of $5,250.00 and $0.00 in costs, for a total award of $5,250.00; 3. Counsel for the parties shall verify whether Plaintiff owes a preexisting debt to the United States subject to offset, consistent with Astrue v. Ratliff, 560 U.S. 586 (2010). If no such pre-existing debt exists, Defendant shall pay the BAJA award directly to Plaintiff's counsel pursuant to the EAJA assignment signed by Plaintiff and counsel; and 4. The case shall remain terminated on the Court's docket. IT IS SO ORDERED. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO By: Jl1Arf;?{~~ JUDGE MATTHEW W. McFARLAND 2

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