Paloncy v. Commissioner of Social Security

Filing 18

DECISION AND ENTRY - IT IS THEREFORE ORDERED THAT: 1. The Parties Joint Stipulation to Award EAJA Fees (Doc. # 17 ) is accepted and the Commissioner shall pay Plaintiffs attorney fees, costs, and expenses in the total amount of $3,000.00; 2 . Counsel for Defendant 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 dir ectly to Plaintiff=s counsel pursuant to a valid EAJA assignment; and 3. The case remains terminated on the docket of this Court. IT IS SO ORDERED. re 17 Stipulation filed by Commissioner of Social Security. Signed by Magistrate Judge Sharon L. Ovington on 6/8/2017. (srb)

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

: Case No. 3:16-cv-362
:
: 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 to Award EAJA
Fees. (Doc. #17). The parties hereby jointly stipulate to entry of an agreed order
granting Plaintiff $3,000.00 (three thousand dollars) for attorney fees. The award shall
fully and completely satisfy any and all claims for fees, costs, and expenses that may
have been payable to Plaintiff in this case under the Equal Access to Justice Act
(EAJA), 28 U.S.C. § 2412. Prior to Plaintiff filing an EAJA petition, the parties
jointly reached a resolution to settle the EAJA fees. The parties’ joint stipulation
represents a compromise on disputed positions and is not intended to set precedent for
or a representation of any specific hourly rate or total number of hours.
Any fees paid belong to Plaintiff—not Plaintiff’s attorney—and can be offset to
satisfy pre-existing debt that Plaintiff owes the United States. Astrue v. Ratliff, 130 S.
Ct. 2521 (2010). After entry of the award, if Defendant can verify that Plaintiff does

not owe a pre-existing debt to the government subject to offset, Defendant will direct
payment of the award to Plaintiff’s attorney pursuant to a valid EAJA assignment.
Plaintiff’s attorney has consented to the amount and method of payment.
IT IS THEREFORE ORDERED THAT:
1. The Parties’ Joint Stipulation to Award EAJA Fees (Doc. #17) is accepted and
the Commissioner shall pay Plaintiff’s attorney fees, costs, and expenses in the
total amount of $3,000.00;
2. Counsel for Defendant 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 a valid EAJA
assignment; and
3. The case remains terminated on the docket of this Court.
IT IS SO ORDERED.
Date: June 8, 2017

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

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