D'Angelo v. Commissioner of Social Security
Filing
13
DECISION AND ENTRY - IT IS THEREFORE ORDERED THAT: 1. The Parties' Joint Motion for an Award of Attorney Fees Under the EAJA (Doc. No. 12 ) is accepted and Defendant shall pay Plaintiff's attorney fees in the amount of $1,252.00; 2. Defendant shall make the award check payable to Plaintiff and deliver to Plaintiffs counsel. Counsel for the parties shall thereafter verify, within thirty days of this Decision and Entry, whether Plaintiff owes a pre-existing debt to the United Stat es subject to offset. If no such pre-existing debt exists, Defendant shall pay the EAJA award directly to Plaintiff's counsel pursuant to any EAJA assignment signed by Plaintiff and counsel; and 3. The case remains terminated on the docket of this Court. IT IS SO ORDERED. Signed by Magistrate Judge Caroline H. Gentry on 1/27/2025. (acw)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
MENDY D.,
Plaintiff,
vs.
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
Defendant.
: Case No. 2:24-cv-03946
:
: Magistrate Judge Caroline H. Gentry
: (by full consent of the parties)
:
:
:
:
:
:
DECISION AND ENTRY
This case is before the Court on the parties’ Joint Motion for an Award of
Attorney Fees Under the Equal Access to Justice Act (EAJA) (Doc. No. 12).
Specifically, the parties stipulate to an award to Plaintiff of attorney fees in the amount
of $1,252.00, in full satisfaction and settlement of any and all claims Plaintiff may
have under the EAJA in the above case. The award of attorney fees will satisfy all of
Plaintiff’s claims for fees, costs, and expenses under 28 U.S.C. § 2412 in this case.
Any fees paid belong to Plaintiff, and not her attorney, and can be offset to satisfy preexisting debt that Plaintiff owes the United States under Astrue v. Ratliff, 560 U.S. 586
(2010). Plaintiff and Defendant move that the Court award Plaintiff EAJA fees, costs,
and expenses in the amount of $1,252.00.
After the Court enters this award, if counsel for the parties can verify that
Plaintiff owes no pre-existing debt subject to offset, Defendant agrees to direct that the
award be made payable to Plaintiff’s attorney pursuant to the EAJA assignment duly
signed by Plaintiff and counsel.
IT IS THEREFORE ORDERED THAT:
1.
The Parties’ Joint Motion for an Award of Attorney Fees
Under the EAJA (Doc. No. 12) is accepted and Defendant
shall pay Plaintiff’s attorney fees in the amount of $1,252.00;
2.
Defendant shall make the award check payable to Plaintiff
and deliver to Plaintiff’s counsel. Counsel for the parties shall
thereafter verify, within thirty days of this Decision and
Entry, whether Plaintiff owes a pre-existing debt to the
United States subject to offset. If no such pre-existing debt
exists, Defendant shall pay the EAJA award directly to
Plaintiff’s counsel pursuant to any EAJA assignment signed
by Plaintiff and counsel; and
3.
The case remains terminated on the docket of this Court.
IT IS SO ORDERED.
s/ Caroline H. Gentry
Caroline H. Gentry
United States Magistrate Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?