Miller v. Commissioner of Social Security

Filing 17

ORDER - The parties' Joint Stipulation For An Award Of Attorney Fees Under The Equal Access To Justice Act 16 is accepted, and Defendant is directed to pay Plaintiff's attorney fees under 28 U.S.C. §2412 in the total amount of $ ;3,950.00; Defendant is directed to verify, within thirty days of this Decision and Entry, 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 pay the total award of $3,950.00 directly to Plaintiff's attorney; and the case remains terminated on the Courts docket. Signed by Chief Magistrate Judge Sharon L. Ovington on 6-30-16. (mcm)

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

MARY E. MILLER,

:

Plaintiff,

:
:

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

Case No. 3:15cv00153
Chief Magistrate Judge Sharon L. Ovington
(by full consent of the parties)

:
:

Defendant.

:

DECISION AND ENTRY

This case is before the Court upon the parties’ Joint Stipulation For An Award Of
Attorney Fees Under The Equal Access To Justice Act. (Doc. #16). The parties agree that
Plaintiff is entitled to an award of attorney fees under the Equal Access To Justice Act, 28
U.S.C. §2412, in the total amount of $3,950.00. The parties also agree that such an award
will fully satisfy any and all of Plaintiff’s claims for fees, costs, and expenses in this case
under the Equal Access to Justice Act.
Under the parties’ agreement, any paid fees belong to Plaintiff and can be offset to
satisfy pre-existing debt that she owes the United States. See Astrue v. Ratliff, 560 U.S. 586
(2010).

IT IS THEREFORE ORDERED THAT:
1.

The parties’ Joint Stipulation For An Award Of Attorney Fees Under The
Equal Access To Justice Act (Doc. #16) is accepted, and Defendant is directed
to pay Plaintiff’s attorney fees under 28 U.S.C. §2412 in the total amount of
$3,950.00;

2.

Defendant is directed to verify, within thirty days of this Decision and
Entry, 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 pay the
total award of $3,950.00 directly to Plaintiff’s attorney; and

3.

The case remains terminated on the Court’s docket.

June 30, 2016
s/Sharon L. Ovington
Sharon L. Ovington
Chief United States Magistrate Judge

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