Capps v. Commissioner of Social Security

Filing 18

DECISION AND ORDER - The Court hereby ORDERS that: 1. The parties' Joint Stipulation for an Award of Attorney Fees under the Equal Access to Justice Act (Doc. # 17 ) is accepted, and the Commissioner shall pay Plaintiff's attorney fees unde r 28 U.S.C. §2412 in the total amount of $5,650.00; 2. Plaintiff's Motion for Attorney Fees (Doc. # 15 ) is DENIED as moot; 3. Defendant is directed to verify, within thirty days of an Order adopting this Report and Recommendations, wh ether or not Plaintiff owes a pre-existing debt to the United States that is subject to offset. If no such pre-existing debt exists, Defendant is ordered to pay the EAJA award directly to Plaintiff's counsel; and 4. The case remains terminated on the docket of this Court. Signed by Judge Walter H Rice on 7/11/12. (cib1)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON

JEROME S. CAPPS,
Case No. 3:11cv00182

Plaintiff,

District Judge Walter Herbert Rice
Magistrate Judge Sharon L. Ovington

vs.
MICHAEL 1. ASTRUE,
Commissioner of the Social
Security Administration,
Defendant.

DECISION AND ORDER

This case is before the Court upon the parties' Joint Stipulation for an Award
of Attorney Fees under the Equal Access to Justice Act. (Doc. #17). The parties
agree that Plaintiff is entitled to an award of attorney fees under the Equal Access To
Justice Act, 28 U.S.C. §2412(d), in the total amount of $5,650.00. The parties also
agree that such an award will fully satisfy any and all of Plaintiffs claims for fees
and expenses under the EAJA.
Under the parties' agreement, any EAJA fees paid belong to Plaintiff and not
her attorney and can be offset to satisfy pre-existing debt that Plaintiff owes the

United States pursuant to Astrue v. Ratliff, 560 U.S. _, 130 S.Ct. 2521 (2010).
Accordingly, the Court hereby ORDERS that:
1. The parties' Joint Stipulation for an Award of Attorney Fees under the
Equal Access to Justice Act (Doc. #17) is accepted, and the Commissioner
shall pay Plaintiff's attorney fees under 28 U.S.C. §2412 in the total
amount of $5,650.00;
2. Plaintiffs Motion for Attorney Fees (Doc. #15) is DENIED as moot;
3. Defendant is directed to verify, within thirty days of an Order adopting
this Report and Recommendations, whether or not Plaintiff owes a
pre-existing debt to the United States that is subject to offset. If no such
pre-existing debt exists, Defendant is ordered to pay the EAJA award
directly to Plaintiffs counsel; and
4. The case remains terminated on the docket of this Court.

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Walter Herbert Rice
United States District Judge