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)
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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