Pack v. Commissioner of Social Security

Filing 28

ORDER DISMISSED as moot 26 Motion for Attorney Fees; ACCEPTING 27 Motion for Attorney Fees. Signed by Chief Judge Algenon L. Marbley on 11/17/2021. (cw)

Case: 2:20-cv-01822-ALM-EPD Doc #: 28 Filed: 11/17/21 Page: 1 of 2 PAGEID #: 713

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
SHEILA R. PACK,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

:
:
:
:
:
:
:
:
:
:

Case No. 2:20-cv-1822
Chief Judge Algenon L. Marbley
Magistrate Judge Elizabeth P. Deavers

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’ amended Joint Motion For An Award of Attorney Fees Under The Equal
Access To Justice Act (“EAJA”) is ACCEPTED. (ECF No. 27). The Commissioner
shall pay Plaintiff’s attorney’s fees in the amount of $4,600.00.
2. The parties’ original Joint Motion For An Award of Attorney Fees Under The Equal
Access To Justice Act is DISMISSED AS MOOT. (ECF No. 26).
3. Counsel for the parties shall verify whether or not Plaintiff owes a pre-existing 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 EAJA award
directly to Plaintiff’s counsel pursuant to the EAJA assignment signed by Plaintiff and
counsel.

Case: 2:20-cv-01822-ALM-EPD Doc #: 28 Filed: 11/17/21 Page: 2 of 2 PAGEID #: 714

4. The case remains terminated on the docket of this Court.
IT IS SO ORDERED.

ALGENON L. MARBLEY
CHIEF UNITED STATES DISTRICT JUDGE
DATED: November 17, 2021

2