Chappel v. Commissioner of Social Security Administration

Filing 20

DECISION AND ENTRY - Accordingly, the Court hereby ORDERS that: 1. The parties Stipulation For Award Of Attorney Fees Under The Equal Access To Justice Act, 28 U.S.C. §2412 (Doc. #19) is accepted, and the Commissioner shall pay Plaintiffs attorn ey fees, costs, and expenses under 28 U.S.C. §2412 in the total amount of $2,000.00: 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; 3. Plaintiff's Motion For Attorney Fees Under The Equal Access To Justice Act (Doc. # 17 ) is DENIED as moot; and 4. The case remains terminated on the docket of this Court. Signed by Judge Thomas M Rose on 03/26/13. (pb1)

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

RAMONA CHAPPEL,

:

Plaintiff,

:

Case No. 3:12cv0080

vs.

:

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

CAROLYN W. COLVIN,
Commissioner of the Social
Security Administration,

:

Defendant.

:
:

DECISION AND ENTRY

This case is before the Court upon the parties’ Stipulation For Award Of Attorney
Fees Under The Equal Access To Justice Act (EAJA), 28 U.S.C. §2412 (Doc. #19). The
parties have stipulated to an award of attorney fees, costs, and expenses to Plaintiff in the
amount of $2,000.00. Under the parties’ Stipulation, 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 For Award Of Attorney Fees Under The Equal
Access To Justice Act, 28 U.S.C. §2412 (Doc. #19) is accepted, and the
Commissioner shall pay Plaintiff’s attorney fees, costs, and expenses under

28 U.S.C. §2412 in the total amount of $2,000.00;
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;

3.

Plaintiff’s Motion For Attorney Fees Under The Equal Access To Justice
Act (Doc. # 17) is DENIED as moot; and

4.

The case remains terminated on the docket of this Court.

March 26, 2013

*s/THOMAS M. ROSE
Thomas M. Rose
United States District Judge

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