Finch II v. Commissioner of Social Security
Filing
17
DECISION AND ENTRY - IT IS THEREFORE ORDERED THAT: 1. The Parties Joint Stipulation for an Award of Attorneys Fees under the Equal Access to Justice Act (Doc. # 16 ) is accepted and the Commissioner shall pay Plaintiff's attorney fees, costs, and expenses in the total amount of $3,095.00; 2. Counsel for the parties shall verify, within thirty days of this Decision andEntry, whether or not Plaintiff owes a pre-existing debt to the United States subject to offset. If no such pre-existi ng 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. Signed by Magistrate Judge Sharon L. Ovington on 12/1/2017. (srb)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
GREGORY R. FINCH II,
Plaintiff,
vs.
NANCY A. BERRYHILL,
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
: Case No. 3:16-cv-241
:
: Magistrate Judge Sharon L. Ovington
: (by full consent of the parties)
:
:
:
:
:
:
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DECISION AND ENTRY
This case is before the Court on the parties’ Joint Stipulation for an Award of
Attorney’s Fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412.
(Doc. #16). Specifically, the parties stipulate to an award to Plaintiff of attorney fees
in the amount of $2,695.00 and costs of $400.00 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 and costs 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 his 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). Plaintiff and Defendant
move that the Court award Plaintiff attorney fees of $2,695.00 and costs of $400.00 for
a total of $3,095.00.
After the Court enters this award, if counsel for the parties can 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 and counsel.
IT IS THEREFORE ORDERED THAT:
1. The Parties’ Joint Stipulation for an Award of Attorney’s Fees under the Equal
Access to Justice Act (Doc. #16) is accepted and the Commissioner shall pay
Plaintiff=s attorney fees, costs, and expenses in the total amount of $3,095.00;
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 and counsel; and
3. The case remains terminated on the docket of this Court.
IT IS SO ORDERED.
Date: December 1, 2017
s/Sharon L. Ovington
Sharon L. Ovington
United States Magistrate Judge
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