Gentry v. Commissioner of Social Security

Filing 15

DECISION AND ENTRY - Accordingly, the Court hereby ORDERS that: 1. The Parties Joint Stipulation For An Award Of Attorney Fees Under The Equal Access To Justice Act, 28 U.S.C. § 2412 (Doc. # 14 ) is GRANTED, and the Commissioner shall pay Plai ntiffs attorney fees, costs, andexpenses in the total amount of $3,350.00; 2. The Commissioner shall verify, within thirty days of this Decision and Order, whether or not Plaintiff owes a pre-existing debt to the United States that is subject to offset. If no such pre-existing debt exists, the Commissioner shall direct that this EAJA award is made payable to Plaintiffs attorney; and 3. The case remains terminated on the docket of this Courtgranting 14 Motion for Attorney Fees. Signed by Magistrate Judge Sharon L. Ovington on 4/25/17. (pb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ANTHONY GENTRY,

:

Plaintiff,

:
Case No. 3:16cv00342

vs.

:

NANCY A. BERRYHILL,
Commissioner of the Social
Security Administration,
Defendant.

:

Magistrate Judge Sharon L. Ovington
(by consent of the parties)

:
:

DECISION AND ENTRY
This case is before the Court upon the parties’ Joint Stipulation For An Award Of
Attorney Fees Under The Equal Access To Justice Act (EAJA), 28 U.S.C. § 2412. (Doc.
#14). The parties have stipulated to an award of attorney fees to Plaintiff in the amount
of $3,350.00. The parties have further agreed this award will fully satisfy and settle any
and all claims for fees, costs, and expenses that Plaintiff may have under the EAJA in this
case.
Under the parties’ agreement, any EAJA fees paid belong to Plaintiff and can be
offset to satisfy pre-existing debt she owes the United States. See Astrue v. Ratliff, 560
U.S. 586 (2010). In the event Plaintiff does not have a pre-existing debt subject to offset,
Defendant shall direct that this EAJA award be made payable to Plaintiff’s attorney
pursuant to an assignment duly signed by Plaintiff.
Accordingly, the Court hereby ORDERS that:

1.

The Parties’ Joint Stipulation For An Award Of Attorney Fees Under The
Equal Access To Justice Act, 28 U.S.C. § 2412 (Doc. #14) is GRANTED,
and the Commissioner shall pay Plaintiff’s attorney fees, costs, and
expenses in the total amount of $3,350.00;

2.

The Commissioner shall verify, within thirty days of this Decision and
Order, whether or not Plaintiff owes a pre-existing debt to the United
States that is subject to offset. If no such pre-existing debt exists, the
Commissioner shall direct that this EAJA award is made payable to
Plaintiff’s attorney; and

3.

The case remains terminated on the docket of this Court.

April 25, 2017

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

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