Sanders v. Commissioner of Social Security Administration

Filing 15

REPORT AND RECOMMENDATIONS that 14 parties' Stipulation For Award of Attorney Fees under the Equal Access to Justice Act (Doc. #14) be GRANTED as set forth in the Report and Recommendations. Objections to R&R due by 1/5/2015. Signed by Chief Magistrate Judge Sharon L. Ovington on 12/18/14. (mcm1)

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

DIANTHA L. SANDERS,
Plaintiff,

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Case No. 3:14cv00106

vs.

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

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

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Defendant.

:
:

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. #14). The
parties have stipulated to an award of attorney fees to Plaintiff in the amount of $3,200.00.
The parties have further agreed that the EAJA award will be paid to Plaintiff and that an
award in the agreed amount will effect full satisfaction and settlement of all Plaintiff’s
claims for fees, costs, and expenses under the EAJA in this case.
Under the parties’ stipulation, and pursuant to 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.

any fees paid by the government belong to Plaintiff, rather than his attorney, and can be
offset to satisfy pre-existing debt that Plaintiff owes the United States.
Accordingly, it is hereby RECOMMENDED that:
1.

The parties’ Stipulation For Award of Attorney Fees under the Equal Access
to Justice Act (Doc. #14) be GRANTED, and the Commissioner be ordered to
pay Plaintiff’s attorney fees, costs, and expenses in the total amount of
$3,200.00; and

2.

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

December 18, 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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