Schmock v. Commissioner of Social Security

Filing 18

DECISION AND ENTRY- IT IS THEREFORE ORDERED THAT: 1. The Parties Joint Stipulation for an Award of Attorney 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 $1,881.25; 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; 3. Plaintiffs Motion for Attorney Fees (Doc. # 16 ) is denied as moot; and 4. The case remains terminated on the docket of this Court.IT IS SO ORDERED. Signed by Magistrate Judge Sharon L. Ovington on 10/16/17. (kma)

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

: Case No. 3:16-cv-310
:
: 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 Fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412.
(Doc. #17). Specifically, the parties stipulate to an award to Plaintiff of attorney fees
in the amount of $1,881.25 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 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).
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 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 $1,881.25;
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;
3. Plaintiff’s Motion for Attorney Fees (Doc. #16) is denied as moot; and
4. The case remains terminated on the docket of this Court.
IT IS SO ORDERED.
Date: October 16, 2017

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

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