Russell v. Commissioner of Social Security

Filing 29

ORDER finding as moot 26 Motion for Attorney Fees, however, GRANTS 28 Parties' Joint Stipulation to Attorneys' Fees to Ms. Russell. Signed by Judge Algenon L. Marbley on 7/18/16. (kn)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
LISA LOU RUSSELL,
Plaintiff,
v.
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

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Case No. 2:15-cv-407
JUDGE ALGENON L. MARBLEY
Magistrate Judge Kemp

ORDER
This matter comes before the Court on the parties’ Joint Stipulation to Attorneys’ Fees
and Expenses under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2414. (Doc. 28).
The parties jointly stipulate and petition this Court to enter an award to Plaintiff Lisa Lou Russell
in the amount of $5,500 for “all of Plaintiff’s claims for fees, costs, and expenses under
28 U.S.C. § 2412, that may be payable for counsel’s work before the Court in this case.” (Id.).
The Commissioner states that any fees paid under this award belong to Ms. Russell, and
not her attorney, and can be offset to satisfy any pre-existing debt that Ms. Russell owes to the
United States. See Astrue v. Ratcliff, 560 U.S. 586 (2010). After the Court enters this award,
counsel for both parties shall verify that Ms. Russell owes no pre-existing debt to the United
States subject to offset; then, the Commissioner agrees to make the award payable to
Ms. Russell’s attorney pursuant to a valid EAJA assignment signed by Ms. Russell and her
attorney.
In light of the foregoing, the Court GRANTS the parties’ Joint Stipulation to Attorneys’
Fees to Ms. Russell in the amount of $5,500. (Doc. 28). The Court DENIES AS MOOT
Ms. Russell’s earlier Motion for Attorneys’ Fees. (Doc. 26).
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IT IS SO ORDERED.
/s/ Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: July 18, 2016

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