McGrew v. Commissioner of Social Security Administration

Filing 18

DECISION AND ORDER -The parties' Joint Stipulation to Award Attorneys Fees Under The Equal Access To Justice Act 17 is accepted, and Defendant shall pay Plaintiff's attorney fees, costs, and expenses under 28 U.S.C. Section 2412 in the to tal amount of $4,500.00, 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 Plaintiffs attorney, and this case remains terminated on the docket of this Court. re 17 Stipulation filed by Commissioner of Social Security Administration. Signed by Judge Thomas M Rose on 7-25-2014. (de)

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

:

Plaintiff,

: Case No. 3:13cv00118

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 to Award Attorney’s
Fees Under the Equal Access to Justice Act (Doc. #17). The parties have jointly
stipulated to, and petitioned for, an award of attorney fees, costs, and expenses in the total
amount of $4,500.00 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 to Award Attorney’s Fees Under The Equal
Access To Justice Act (Doc. #17) is accepted, and Defendant shall pay
Plaintiff=s attorney fees, costs, and expenses under 28 U.S.C. ' 2412 in the
total amount of $4,500.00;

2.

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; and

3.

The case remains terminated on the docket of this Court.

July 25, 2014

*s/Thomas M. Rose

Thomas M. Rose
United States District Judge