Wilson v. Commissioner of Social Security

Filing 16

DECISION AND ORDER - re 15 Stipulation filed by Commissioner of Social Security - The Parties' Joint Stipulation for an Award of Attorney Fees under the EAJA 15 is accepted and the Commissioner shall pay Plaintiff's attorney fees, costs, and expenses in the total amount of $4,500.00, Counsel for Defendant 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-ex isting debt exists, Defendant shall pay the EAJA award directly to Plaintiff's counsel pursuant to the EAJA assignment signed by Plaintiff and counsel; and the case remains terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 3-2-2017. (de)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
BONNIE M. WILSON,
Plaintiff,
vs.
NANCY A. BERRYHILL,
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

: Case No. 3:16-cv-81
:
: District Judge Thomas M. Rose
: Magistrate Judge Sharon L. Ovington
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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. #15). Specifically, the parties stipulate and petition this Court to enter an order
awarding attorney fees and expenses in the total amount of $4,500.00 in full
satisfaction and settlement of any and all claims Plaintiff may have under the EAJA in
the above case. This 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 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 Defendant can verify that
Plaintiff owes no pre-existing debt subject to offset, Defendant will direct that the
award be made payable to Plaintiff’s attorney pursuant to the EAJA assignment duly
signed by Plaintiff and counsel.

IT IS THEREFORE ORDERED THAT:
1. The Parties= Joint Stipulation for an Award of Attorney Fees under the EAJA
(Doc. #15) is accepted and the Commissioner shall pay Plaintiff=s attorney
fees, costs, and expenses in the total amount of $4,500.00;
2. Counsel for Defendant 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 and counsel; and
3. The case remains terminated on the docket of this Court.
IT IS SO ORDERED.
Date: March 2, 2017

*s/THOMAS M. ROSE
Thomas M. Rose
United States District Judge

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