Staton v. Commissioner of Social Security Administration

Filing 14

REPORT AND RECOMMENDATIONS that 13 the parties' Joint Stipulation for Attorney Fees be ACCEPTED and Defendant be directed to pay plaintiff's attorney fees under 28 USC 2412 in the total amount of $1,400.00; further recommendations related to whether or not Plaintiff owes a pre-existing debt to the United States subject to offset; and the case remain terminated on the docket of this Court. Objections to R&R due by 12/22/2014. Signed by Chief Magistrate Judge Sharon L. Ovington on 12-4-14. (mcm1)

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

WINSTON STATON,

:

Plaintiff,

:

Case No. 3:14cv00077

:

District Judge Walter Herbert Rice
Chief Magistrate Judge Sharon L. Ovington

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

:
:
:

REPORT AND RECOMMENDATIONS1

This case is before the Court upon the parties’ Joint Stipulation For Award Of
Attorney Fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412. (Doc. #13).
The parties agree that Plaintiff is entitled to an award of attorney fees under the EAJA in the
total amount of $1,400.00. The parties also agree that such an award will fully satisfy any
and all of Plaintiff’s claims for EAJA fees.
Under the parties’ agreement, if counsel for the parties can verify that Plaintiff owes
no pre-existing debt subject to offset, see Astrue v. Ratliff, 560 U.S. 586 (2010), Defendant
agrees to direct that the EAJA award be made payable to Plaintiff’s attorney pursuant to the

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

EAJA assignment duly signed by Plaintiff and counsel.
Accordingly, the Court hereby RECOMMENDS that:
1.

The parties’ Stipulation for Award Of Attorney Fees under the Equal Access
to Justice Act (Doc. #13) be accepted, and Defendant be directed to pay
Plaintiff’s attorney fees under 28 U.S.C. §2412 in the total amount of
$1,400.00;

2.

The parties’ counsel verify, within thirty days of a Decision and Entry
adopting this Report and Recommendations, whether or not Plaintiff owes a
pre-existing debt to the United States subject to offset. If no such pre-existing
debt exists, Defendant’s agreement to pay the EAJA award directly to
Plaintiff’s attorney should be accepted; and

3.

The case remain terminated on the docket of this Court.

December 4, 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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