Murray-Herman v. Commissioner of Social Security

Filing 14

REPORT AND RECOMMENDATIONS - the Court hereby RECOMMENDS that: 1. the parties' Joint Stipulation for an Award of Attorney Fees under the EAJA (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 $2,136.12; and, 2. Counsel for the parties be directed to verify, within thirty days of any Decision and Order adopting this Report and Recommendations, whether or not Plaintiff owes a pre-existing debt to the United States subject to offset. Objections to R&R due by 4/13/2015. Signed by Chief Magistrate Judge Sharon L Ovington on 3/27/2015. (rms)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
LOLITA MURRAY-HERMAN,
Plaintiff,

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

Case No. 3:14cv00247
District Judge Thomas M. Rose
Chief Magistrate Judge Sharon L. Ovington

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REPORT AND RECOMMENDATIONS1

This case is before the Court upon the parties’ Joint Stipulation for an 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 $2,136.12. 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 he 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’ Joint Stipulation for an 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
$2,136.12; and,

2.

Counsel for the parties be directed to verify, within thirty days of any
Decision and Order adopting this Report and Recommendations, 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.

March 27, 2015
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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