Spence v. Commissioner of Social Security

Filing 29

DECISION and ORDER - The parties' Joint Stipulation For An Award Of Attorney Fees Under The Equal Access To Justice Act 28 is accepted, and Defendant shall pay Plaintiff's attorney fees, costs, and expenses under 28 U.S.C. Section 2412 in the total amount of $7,517.00; Plaintiff's Motion for Attorney Fees Under The Equal Access To Justice Act 27 is DENIED as moot; Defendant shall verify, within thirty days of this Decision and Entry, whether or not Plaintiff owes a pre-ex isting 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 attorney, James Roy Williams; and the case remains terminated on the docket of this Court. Signed by Judge Thomas M Rose on 11-26-2013. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

LORA SPENCE,

:

Plaintiff,

: Case No. 3:11cv00341

vs.
CAROLYN W. COLVIN,
Acting Commissioner of the Social
Security Administration,
Defendant.

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

DECISION AND ENTRY

This case is before the Court upon the parties= Joint Stipulation For An Award Of
Attorney Fees Under The Equal Access To Justice Act (EAJA). (Doc. #28). The parties
have jointly stipulated to, and petitioned for, an award of attorney fees, costs, and expenses
in the total amount of $7,517.00 in full satisfaction and settlement of any and all claims
Plaintiff may have under the EAJA, 28 U.S.C. '2412. The parties further agree that any
EAJA fees paid belong to Plaintiff and can be offset to satisfy any pre-existing debt that
Plaintiff owes the United States, pursuant to Astrue v. Ratliff, 560 U.S. 586, 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. #28) is accepted, and Defendant shall pay
Plaintiff=s attorney fees, costs, and expenses under 28 U.S.C. '2412 in the
total amount of $7,517.00;

2.

Plaintiff’s Motion for Attorney Fees Under The Equal Access To Justice Act
(Doc. #27) is DENIED as moot;

3.

Defendant shall verify, within thirty days of this Decision and Entry,
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 attorney, James Roy Williams; and

4.

The case remains terminated on the docket of this Court.

November 26, 2013

*s/Thomas M. Rose

Thomas M. Rose
United States District Judge