Shields v. Commissioner of Social Security

Filing 13

DECISION AND ORDER - The parties' Joint Stipulation (Corrected) for an Award of Attorney's Fees pursuant to the Equal Access To Justice Act 12 is accepted, and Defendant shall pay Plaintiff's attorney fees, costs, and expenses under 28 U.S.C. § 2412 in the total amount of $4,400.00; 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 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 8-16-2016. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
CHARLES R. SHIELDS,
Plaintiff,

:

Case No. 3:16-cv-29

:

Judge Thomas M. Rose

v.

:

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

:
:

Defendant.
:
______________________________________________________________________________
DECISION AND ORDER
______________________________________________________________________________

This case is before the Court upon the parties’ Joint Stipulation (Corrected) for an
Award of Attorney’s Fees pursuant to the Equal Access To Justice Act (“EAJA”) (Doc.
12). The parties have jointly stipulated to, and petitioned for, an award of attorney fees,
costs, and expenses in the total amount of $4,400.00 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 (Corrected) for an Award of Attorney’s
Fees pursuant to the Equal Access To Justice Act (Doc. 12) is
accepted, and Defendant shall pay Plaintiff=s attorney fees, costs, and
expenses under 28 U.S.C. § 2412 in the total amount of $4,400.00;

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 Tuesday, August 16, 2016.

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

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