Kenyon v. Commissioner of Social Security

Filing 15

ENTRY AND ORDER granting 13 Motion for Attorney Fees -Plaintiff's Motion for Attorney Fees is GRANTED, and Defendant shall pay Plaintiff's attorney fees, costs, and expenses under 28 U.S.C. § 2412 in the total amount of $3,065. 00, Defendant shall verify, within thirty days of this Decision and Order, whether or not Plaintiff owes a pre-existing debt to the UnitedStates subject to offset. If no such pre-existing debt exists, Defendantshall 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 11-23-2016. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
BONNIE J. KENYON,

:

Case No. 3:15-cv-194

Plaintiff,

:

Judge Thomas M. Rose

v.

:

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

:
:

Defendant.
:
______________________________________________________________________________
ENTRY AND ORDER GRANTING UNOPPOSED MOTION FOR AWARD
OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT 28 U.S.C. § 2412 (DOC. 13)
______________________________________________________________________________

This case is before the Court upon Plaintiff Bonnie J. Kenyon’s Motion for Award
of Attorney Fees Pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412
(the “Motion for Attorney Fees”) (Doc. 13.) Plaintiff has petitioned for an award of
attorney fees, costs, and expenses in the total amount of $3,065.00 in full satisfaction and
settlement of any and all claims Plaintiff may have under the EAJA, 28 U.S.C. § 2412.
(Id.) In response, the Defendant Commissioner of Social Security filed a notice that she
has no objection to Plaintiff’s Motion for Attorney Fees. (Doc. 14.) Having reviewed
the Motion for Attorney Fees, and noting that Defendant has no objection thereto, the
Court finds that Plaintiff is entitled to the requested award of attorney fees, costs and
expenses.
Accordingly, the Court hereby ORDERS that:
1.

Plaintiff’s Motion for Attorney Fees (Doc. 13) is GRANTED, and

Defendant shall pay Plaintiff’s attorney fees, costs, and expenses
under 28 U.S.C. § 2412 in the total amount of $3,065.00;
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 Wednesday, November 23, 2016.

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

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