Brown v. Social Security Administration
Filing
26
DECISION AND ORDER - The parties' Joint Stipulation for an Award of Attorney's Fees under the Equal Access To Justice Act 25 is accepted, and Defendantshall pay Plaintiff's attorney fees, costs, and expenses under 28 U.S.C.§ 24 12 in the total amount of $10,000.00, 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 the case remains terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 9-23-2016. (de)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ANITA BROWN,
Plaintiff,
:
Case No. 3:14-cv-451
:
Judge Thomas M. Rose
v.
:
CAROLYN W. COLVIN,
Commissioner of the Social
Security Administration,
:
:
Defendant.
:
______________________________________________________________________________
DECISION AND ORDER
______________________________________________________________________________
This case is before the Court upon the parties’ Joint Stipulation for an Award of
Attorney’s Fees under the Equal Access To Justice Act (“EAJA”) (Doc. 25). The parties
have jointly stipulated to, and petitioned for, an award of attorney fees, costs, and expenses
in the total amount of $10,000.00 in full satisfaction and settlement of any and all claims
Plaintiff may have under the 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’ Joint Stipulation for an Award of Attorney’s Fees under
the Equal Access To Justice Act (Doc. 25) is accepted, and Defendant
shall pay Plaintiff=s attorney fees, costs, and expenses under 28 U.S.C.
§ 2412 in the total amount of $10,000.00;
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 Friday, September 23, 2016.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
2
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