Pannell v. Commissioner of Social Security

Filing 21

DECISION AND ORDER granting 20 Joint Motion for Attorney Fees - The parties' Stipulation To Award EAJA Fees (Doc. 20) is accepted, and Defendant shall pay Plaintiff's attorney fees, costs, and expenses under 28 U.S.C. § 2412 in the t otal amount of $3,712.50, Defendant shall 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. If no such pre-existing debt exists, Defendantshall direct that the award be made payable to Plaintiff's attorney pursuant to an EAJA assignment duly signed by Plaintiff and counsel, and the case remains terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 10-12-2016. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
REGINALD C. PANNELL,

:
:

Plaintiff,
v.

Case No. 3:14-cv-396
Judge Thomas M. Rose

:

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

:
:
:

DECISION AND ORDER

This case is before the Court upon the parties’ Stipulation To Award EAJA Fees
(Doc. 20). The parties have jointly stipulated to, and petitioned for, an award of attorney
fees, costs, and expenses in the total amount of $3,712.50 in full satisfaction and settlement
of any and all claims Plaintiff may have under the Equal Access to Justice Act (“EAJA”),
28 U.S.C. § 2412. The parties further agree that any EAJA fees paid belong to Plaintiff
and can be offset to satisfy any pre-existing debt that Plaintiff owes the United States,
pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010).
Accordingly, the Court hereby ORDERS that:
1.

The parties’ Stipulation To Award EAJA Fees (Doc. 20) is accepted,
and Defendant shall pay Plaintiff=s attorney fees, costs, and expenses
under 28 U.S.C. § 2412 in the total amount of $3,712.50;

2.

Defendant shall 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. If no such pre-existing debt exists, Defendant
shall direct that the award be made payable to Plaintiff’s attorney
pursuant to an EAJA assignment duly signed by Plaintiff and counsel;
and
3.

The case remains terminated on the docket of this Court.

DONE and ORDERED in Dayton, Ohio, this Wednesday, October 12, 2016.

s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE