Vastine 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 Pursuant to the Equal Access to Justice Act (Doc. #16) is accepted, and the Commissioner shall pay Plaintiffs attorney fees, costs, a nd expenses in the total amount of $4,000.00; 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-exist ing 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. Signed by Magistrate Judge Sharon L. Ovington on 12/14/17. (pb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
MARK VASTINE,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Commissioner Of The Social Security
Administration,
Defendant.

: Case No. 3:16-cv-00290
:
: Magistrate Judge Sharon L. Ovington
: (by full consent of the parties)
:
:
:
:
:
:
:

DECISION AND ENTRY
This case is before the Court on the parties’ Joint Stipulation for an Award of
Attorney’s Fees Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. §
2412. (Doc. #16). Specifically, the parties stipulate to an award to Plaintiff of
$4,000.00 in attorney fees, costs, and expenses. The award of attorney fees, costs, and
expenses will satisfy all of Plaintiff’s claims under 28 U.S.C. § 2412 that may be
payable in this case.
Any fees paid belong to Plaintiff and not his 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 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 an EAJA
assignment duly signed by Plaintiff.

IT IS THEREFORE ORDERED THAT:
1. The Parties’ Joint Stipulation for an Award of Attorney’s Fees Pursuant to 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
$4,000.00;
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 counsel; and
3. The case remains terminated on the docket of this Court.

December 14, 2017

s/Sharon L. Ovington
Sharon L. Ovington
United States Magistrate Judge

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