Mueller v. Commissioner of Social Security

Filing 12

DECISION AND ORDER - re 11 Stipulation filed by Commissioner of Social Security : The parties' Joint Stipulation for an Award Of Attorney's FeesPursuant To The Equal Access To Justice Act (Doc. 11 ) is accepted,and Defendant shall p ay Plaintiff's attorney fees, costs, and expenses under 28 U.S.C. § 2412 in the total amount of $4,000.00; 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 Plaintiffs 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 4/7/16. (ep)

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

:
:

Plaintiff,
vs.

Case No. 3:15-cv-295
District Judge Thomas M. Rose

:

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

:
:
:

DECISION AND ORDER

This case is before the Court upon the parties’ Joint Stipulation For An Award Of
Attorney’s Fees Pursuant To The Equal Access To Justice Act (“EAJA”) (Doc. 11). The
parties have jointly stipulated to, and petitioned for, an award of attorney fees, costs, and
expenses in the total amount of $4,000.00 in full satisfaction and settlement of any and all
claims Plaintiff may have under the EAJA, 28 U.S.C. § 2412. The parties further agree
that any EAJA fees paid belong to Plaintiff and can be offset to satisfy any pre-existing
debt that Plaintiff owes the United States, pursuant to Astrue v. Ratliff, 560 U.S. 586
(2010).
Accordingly, the Court hereby ORDERS that:
1.

The parties’ Joint Stipulation For An Award Of Attorney’s Fees
Pursuant To The Equal Access To Justice Act (Doc. 11) is accepted,
and Defendant shall pay Plaintiff=s attorney fees, costs, and expenses

under 28 U.S.C. § 2412 in the total amount of $4,000.00;
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 Thursday, April 7, 2016.

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