Miller v. Commissioner of Social Security

Filing 15

DECISION AND ORDER - Accordingly, the Court hereby ORDERS that:1. The parties Stipulation To Award Attorney Fees (Doc. # 14 ) is accepted,and the Commissioner shall pay Plaintiffs attorney fees under 28 U.S.C. §2412 in the total amount of $ ;3,600.00; 2. Defendant shall verify, within thirty days of this Decision and Order, whether or not 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 Plaintiffs counsel. Signed by Judge Thomas M Rose on 11/2/2012. (pb1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
MARY E. MILLER,
Plaintiff,

:

MICHAEL J. ASTRUE,
Commissioner of the Social
Security Administration,
Defendant.

Case No. 3:11cv00284

:

vs.

:

District Judge Thomas M. Rose
Magistrate Judge Sharon L. Ovington

:
:
:

DECISION AND ORDER

This case is before the Court upon the parties’ Stipulation To Award EAJA Fees.
(Doc. #14). The parties agree that Plaintiff is entitled to an award of attorney fees under
the Equal Access To Justice Act (EAJA), 28 U.S.C. §2412, in the total amount of
$3,600.00. The parties also agree that such an award will fully satisfy any and all of
Plaintiff’s claims for fees, expenses, and costs under §2412.
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, 177 L.Ed.2d 91 (2010).
Accordingly, the Court hereby ORDERS that:
1.

The parties’ Stipulation To Award Attorney Fees (Doc. #14) is accepted,
and the Commissioner shall pay Plaintiff’s attorney fees under 28 U.S.C.

§2412 in the total amount of $3,600.00;
2.

Defendant shall verify, within thirty days of this Decision and Order,
whether or not 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; and

3.

The case remains terminated on the docket of this Court.

November 2, 2012

THOMAS M. ROSE

Thomas M. Rose
United States District Judge

2