Schreier v. Commissioner of Social Security

Filing 20

DECISION AND ORDER - re 19 - The Parties' Joint Stipulation For An Award Of Attorney Fees Under The Equal Access To Justice Act 19 is GRANTED, and the Commissioner shall pay Plaintiff's attorney fees, costs, and expenses in the total amount of $3,993.63, the Commissioner shall verify, within thirty days of this Decision and Order, 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 direct that this EAJA award be made payable to Plaintiff's attorney; and the case remains terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 8-31-2016. (de)

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

GERALD SCHREIER,

:

Plaintiff,

:

Case No. 3:15cv00145

vs.

:

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

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

:

Defendant.

:
:

DECISION AND ENTRY
This case is before the Court upon the parties’ Joint Stipulation For An Award Of
Attorney Fee Under The Equal Access To Justice Act (EAJA). (Doc. #19). The parties
have stipulated to an award of attorney fees to Plaintiff in the amount of $3,993.63. The
parties have further agreed this award will settle any and all claims for fees, costs, and
expenses that Plaintiff may have under the EAJA, 28 U.S.C. § 2412.
Under the parties’ agreement, any EAJA fees paid belong to Plaintiff and can be
offset to satisfy pre-existing debt he owes the United States. See Astrue v. Ratliff, 560 U.S.
586 (2010). In the event Plaintiff does not have a pre-existing debt subject to offset,
Defendant shall direct that this EAJA award be made payable to Plaintiff’s attorney
pursuant to an assignment duly signed by Plaintiff and counsel.

Accordingly, the Court hereby ORDERS that:
1.

The Parties’ Joint Stipulation For An Award Of Attorney Fees Under The
Equal Access To Justice Act (Doc. #19) is GRANTED, and the Commissioner
shall pay Plaintiff’s attorney fees, costs, and expenses in the total amount of
$3,993.63;

2.

The Commissioner shall verify, within thirty days of this Decision and
Order, 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 direct that this EAJA award be made payable to Plaintiff’s attorney; and

3.

The case remains terminated on the docket of this Court.

August 31, 2016

THOMAS M. ROSE

___________________________
Thomas M. Rose
United States District Judge