Barnett v. Commissioner of Social Security

Filing 18

DECISION AND ENTRY - The Parties' Joint Stipulation to Award Attorney's Fees under the Equal Access to Justice Act 17 is accepted and the Commissioner shall pay Plaintiff's attorney fees, costs, and expenses in the total amount of &# 036;5,000.00, 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 to Plaintiff's counsel pursuant to the EAJA assignment signed by Plaintiff; and the case remains terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 11-21-2017. (de)

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

: Case No. 3:16-cv-279
:
: 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 to Award
Attorney’s Fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412.
(Doc. #17). Specifically, the parties stipulate and petition this Court to enter an order
awarding attorney fees in the amount of $5,000.00 (five thousand dollars) under the
EAJA. This award will fully satisfy any and all of Plaintiff’s claims for fees, costs,
and expenses under 28 U.S.C. § 2412 that may be payable in this case. Any fees paid
belong to Plaintiff and can be offset to satisfy pre-existing debt that Plaintiff owes the
United States pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010).
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.

IT IS THEREFORE ORDERED THAT:
1. The Parties’ Joint Stipulation to Award Attorney’s Fees under the Equal
Access to Justice Act (Doc. #17) is accepted and the Commissioner
shall pay Plaintiff’s attorney fees, costs, and expenses in the total
amount of $5,000.00;
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
3. The case remains terminated on the docket of this Court.
IT IS SO ORDERED.
Date: November 21, 2017

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

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