Rawlings v. Commissioner of Social Security

Filing 14

DECISION AND ORDER granting 12 Motion for Attorney Fees -Plaintiff's Motion For Attorney Fees And Expenses Pursuant To The Equal Access To Justice Act 12 is GRANTED; the Commissioner shall pay Plaintiff's attorney fees and costs under t he EAJA in the total amount of $4,952.50, the Commissioner shall verify, within thirty days of this Decision and Order, whether or not Plaintiff owes a pre-existing debt to the United States that is subject to offset. If no such pre-existing debt exists, the Commissioner shall pay the EAJA award directly to Plaintiffs attorney; and the case remains terminated on the Court's docket. Signed by Judge Thomas M. Rose on 8-28-2015.(de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
MARK A. RAWLINGS,
Plaintiff,

:

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

Case No. 3:14cv00159

:

vs.

:

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

:

DECISION AND ORDER
:
:

This case is before the Court upon Plaintiff’s Motion For Attorney Fees And Costs
Under The Equal Access To Justice Act (EAJA), 28 U.S.C. §2412(d) (Doc. #12),
Defendant’s Response (Doc. #13), and the record as a whole. The Commissioner does not
oppose an award of EAJA fees and costs. Still, the Commissioner objects under Astrue v.
Ratliff, 510 U.S. 586 (2010) if Plaintiff is asking the Court to directly pay the requested EAJA
award to his attorney.
Plaintiff seeks an award of attorney fees and costs under the EAJA in the amount of
$4,952.50. In the absence of opposition by the Commissioner, Plaintiff’s Motion and
supporting documents establish that he is entitled to an award of attorney fees costs under the
EAJA in the total amount he seeks. The fees and costs awarded under the EAJA belong to
Plaintiff and are subject to “administrative offset set if [he] has outstanding federal debts.”
Astrue, 560 U.S. at 593.
Accordingly, the Court hereby ORDERS that:

1. Plaintiff’s Motion For Attorney Fees And Expenses Pursuant To The Equal Access
To Justice Act (Doc. #12) is GRANTED;
2. The Commissioner shall pay Plaintiff’s attorney fees and costs under the EAJA in
the total amount of $4,952.50;
3. The Commissioner shall verify, within thirty days of this Decision and Order,
whether or not Plaintiff owes a pre-existing debt to the United States that is subject
to offset. If no such pre-existing debt exists, the Commissioner shall pay the EAJA
award directly to Plaintiff’s attorney; and,
4. The case remains terminated on the Court’s docket.
August 28, 2015

*s/Thomas M. Rose

Thomas M. Rose
United States District Judge