Kennedy v. Commissioner of Social Security

Filing 18

DECISION AND ENTRY granting 16 Motion for Attorney Fees -Plaintiff's Motion For Attorney Fees Under Equal Access To Justice Act 16 is GRANTED; the Commissioner shall pay Plaintiff's attorney fees under the EAJA in the total amount of $6,490.49, the Commissioner shall verify, within thirty days of this Decision and Entry, 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, the case remains terminated on the Courts docket. Signed by Judge Thomas M. Rose on 3-31-2016. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
PHYLLIS KENNEDY,

:

Plaintiff,

:

Case No. 3:15cv00059

:

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

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

:

DECISION AND ENTRY
:
:

This case is before the Court upon Plaintiff’s Motion For Attorney Fees Under Equal
Access To Justice Act (EAJA), 28 U.S.C. §2412(d) (Doc. #16), the Commissioner’s Notice
Of No Objection (Doc. #17), and the record as a whole.
Plaintiff seeks an award of attorney fees under the EAJA in the amount of $6,490.49.
In the absence of opposition by the Commissioner, Plaintiff’s Motion and supporting
documents establish that she is entitled to an award of attorney fees under the EAJA in the
total amount she seeks. The attorney fees awarded under the EAJA belong to Plaintiff and
are subject to administrative “offset if [she] has outstanding federal debts.” Astrue v. Ratliff,
560 U.S. 586, 594 (2010).
Accordingly, the Court hereby ORDERS that:
1. Plaintiff’s Motion For Attorney Fees Under Equal Access To Justice Act (Doc.
#16) is GRANTED;
2. The Commissioner shall pay Plaintiff’s attorney fees under the EAJA in the total
amount of $6,490.49;

3. The Commissioner shall verify, within thirty days of this Decision and Entry,
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.
March 31, 2016

*s/Thomas M. Rose

Thomas M. Rose
United States District Judge