Hirtzinger v. Commissioner of Social Security

Filing 19

REPORT AND RECOMMENDATIONS that 18 the parties' Stipulation for Award Of Attorney Fees be accepted, and Defendant be directed to pay Plaintiffs attorney fees in the total amount of $4,750.00; Defendant be directed to verify, within thirt y days of this Decision and Order, whether or not Plaintiff owes a pre-existing debt to the United States subject to offset. And, if no such pre-existing debt exists, Defendant be directed to pay the EAJA award directly to Plaintiff's attorney; the case the case remains terminated on the docket of this Court. Objections to R&R due by 9/29/2014. Signed by Chief Magistrate Judge Sharon L Ovington on 9-11-14. (mm1)

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

JODI K. HIRTZINGER,
Plaintiff,

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

Case No. 3:13cv00351
District Judge Walter Herbert Rice
Chief Magistrate Judge Sharon L. Ovington

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REPORT AND RECOMMENDATIONS1

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. #18). The
parties agree that Plaintiff is entitled to an award of attorney fees under the EAJA in the total
amount of $4,750.00. The parties also agree that such an award will fully satisfy any and all
of Plaintiff’s claims for fees, costs, and expenses under the EAJA.
Under the parties’ agreement, any paid EAJA fees belong to Plaintiff and can be
offset to satisfy pre-existing debt that she owes the United States. See Astrue v. Ratliff, 560
U.S. 586 (2010).

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Attached hereto is a NOTICE to the parties regarding objections to this Report and
Recommendations.

Accordingly, the Court hereby RECOMMENDS that:
1.

The parties’ Stipulation for Award Of Attorney Fees under the Equal Access
to Justice Act (Doc. #18) be accepted, and Defendant be directed to pay
Plaintiff’s attorney fees under 28 U.S.C. §2412 in the total amount of
$4,750.00.

2.

Defendant be directed to 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. And, if no such pre-existing debt exists, Defendant be
directed to pay the EAJA award directly to Plaintiff’s attorney.

3.

The case remains terminated on the docket of this Court.

September 11, 2014
s/Sharon L. Ovington
Sharon L. Ovington
Chief United States Magistrate Judge

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NOTICE REGARDING OBJECTIONS
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written
objections to the proposed findings and recommendations within FOURTEEN days after
being served with this Report and Recommendations. Pursuant to Fed. R. Civ. P. 6(d), this
period is extended to SEVENTEEN days because this Report is being served by one of the
methods of service listed in Fed. R. Civ. P. 5(b)(2)(C), (D), (E), or (F). Such objections shall
specify the portions of the Report objected to and shall be accompanied by a memorandum
of law in support of the objections. If the Report and Recommendation is based in whole or
in part upon matters occurring of record at an oral hearing, the objecting party shall promptly
arrange for the transcription of the record, or such portions of it as all parties may agree
upon or the Magistrate Judge deems sufficient, unless the assigned District Judge otherwise
directs. A party may respond to another party’s objections within FOURTEEN days after
being served with a copy thereof.
Failure to make objections in accordance with this procedure may forfeit rights on
appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947,
949-50 (6th Cir. 1981).

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