Horne v. Commissioner of Social Security

Filing 15

DECISION AND ORDER granting 14 Motion for Attorney Fees, Defendant shall pay Plaintiff's attorney fees, costs, and expenses under 28 U.S.C. § 2412 in the total amount of $4,186.25, 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 case remains terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 2-24-2016. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
SHELLY L. HORNE,

:

Plaintiff,

: Case No. 3:14-cv-452

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

: District Judge Thomas M. Rose
Magistrate Judge Michael J. Newman
:
:
:

DECISION AND ORDER

This case is before the Court upon Plaintiff’s Motion For Award of Attorney Fees
Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (Doc. 14).

The

Commissioner of Social Security has not opposed the motion, and the time for her to do so
has expired. This matter is therefore ripe for review.
Upon review of the Motion for Award of Attorney Fees, its supporting
memorandum, and the exhibits attached thereto, and noting that no objections have been
filed, the Court finds that Plaintiff is entitled to the requested award of attorney’s fees and
costs in the amount $4,186.25.
Accordingly, the Court hereby ORDERS that:
1.

The Motion For Award of Attorney Fees Pursuant to the Equal
Access to Justice Act, 28 U.S.C. § 2412 (Doc. 14) is GRANTED, and
Defendant shall pay Plaintiff=s attorney fees, costs, and expenses

under 28 U.S.C. § 2412 in the total amount of $4,186.25;
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, February 24, 2016.

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