Mcafee v. Commissioner of Social Security

Filing 21

DECSION AND ENTRY -The Parties' Joint Stipulation for an Award of Attorney Fees under the Equal Access to Justice Act 20 is accepted, and the Commissioner shall pay Plaintiff's attorney fees, costs, and expenses in the total amount of � 36;5,375.00, 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 counsel; and case remains terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 12-22-2017. (de)

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

: Case No. 3:16-cv-00372
:
: District Judge Thomas M. Rose
: Magistrate Judge Sharon L. Ovington
:
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:
:
:
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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.
#20). Specifically, the parties stipulate to an award to Plaintiff of attorney fees in the
amount of $5,375.00 in full satisfaction and settlement of any and all claims for fees,
expenses, and costs that Plaintiff may have under the EAJA 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 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. #20) is accepted, and the Commissioner shall pay
Plaintiff=s attorney fees, costs, and expenses in the total amount of $5,375.00;
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 22, 2017

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