Mann v. Commissioner of Social Security
Filing
18
DECISION AND ORDER - The Parties' Joint Stipulation for an Award of Attorney Fees under the EAJA 17 is accepted and the Commissioner shall pay Plaintiff's attorney fees, costs, and expenses in the total amount of $5,580.00, Counsel for the parties shall 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 EAJA award directly t o Plaintiff's counsel pursuant to the EAJA assignment signed by Plaintiff, Plaintiff's Motion for Attorney Fees under the EAJA 16 is denied as moot; and case remains terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 3-17-2017. (de)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ERICA MANN,
Plaintiff,
vs.
NANCY A. BERRYHILL,
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
: Case No. 3:15-cv-00409
:
: District Judge Thomas M. Rose
: Magistrate Judge Sharon L. Ovington
:
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:
:
:
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DECISION AND ENTRY
This case is before the Court on the parties= Joint Stipulation for an Award of
Attorney Fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. (Doc.
#17). Specifically, the parties stipulate to an award to Plaintiff of attorney fees in the
amount of $5,580.00 in full satisfaction and settlement of any and all claims Plaintiff
may have under the EAJA in the above case. The award of attorney fees will satisfy
all of Plaintiff’s claims for fees, costs, and expenses under 28 U.S.C. § 2412 in this
case. Any fees paid belong to Plaintiff, and not her attorney, and said fees can be
offset to satisfy pre-existing debt that Plaintiff owes the United States under Astrue v.
Ratliff, 560 U.S. 586 (2010).
After the Court enters this award, if counsel for the parties verify that Plaintiff
owes no pre-existing debt subject to offset, Defendant agrees to direct that the award
be made payable to Plaintiff’s attorney pursuant to the EAJA assignment duly signed
by Plaintiff.
IT IS THEREFORE ORDERED THAT:
1. The Parties= Joint Stipulation for an Award of Attorney Fees under the EAJA
(Doc. #17) is accepted and the Commissioner shall pay Plaintiff=s attorney
fees, costs, and expenses in the total amount of $5,580.00;
2. Counsel for the parties shall 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
EAJA award directly to Plaintiff=s counsel pursuant to the EAJA assignment
signed by Plaintiff;
3. Plaintiff’s Motion for Attorney Fees under the EAJA (Doc. #16) is denied as
moot; and
4. The case remains terminated on the docket of this Court.
March 17, 2017
*/Thomas M. Rose
Thomas M. Rose
United States District Judge
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