Kelley v. Commissioner of Social Security
Filing
19
DECISION AND ENTRY - IT IS THEREFORE ORDERED THAT: 1. The Parties Joint Stipulation for an Award of Attorneys Fees under the Equal Access to Justice Act (Doc. # 18 ) is accepted and the Commissioner shall pay Plaintiffs attorney fees, costs, and ex penses in the total amount of $5,000.00; 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 de bt exists, Defendant shall pay the EAJA award directly to Plaintiff's counsel pursuant to the EAJA assignment signed by Plaintiff; 3. Plaintiffs Motion for Attorney Fees under the EAJA (Doc. # 17 ) is denied as moot; and 4. The case remains terminated on the docket of this Court. IT IS SO ORDERED. Signed by Magistrate Judge Michael J. Newman on 6/29/2018. (srb)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
MICHAEL KELLEY,
Plaintiff,
vs.
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
Defendant.
: Case No. 3:16-cv-393
:
: 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 under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412.
(Doc. #18). Specifically, the parties stipulate and petition this Court to enter an order
awarding attorney fees in the amount of $5,000.00 under the EAJA. This award will
fully satisfy any and all of Plaintiff’s claims for fees, costs, and expenses under 28
U.S.C. § 2412, that may be payable in this case. Any fees paid belong to Plaintiff and
can be offset to satisfy any pre-existing debt that Plaintiff owes the United States,
pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586, 130 S.Ct. 2521 (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.
IT IS THEREFORE ORDERED THAT:
1.
The Parties’ Joint Stipulation for an Award of Attorney’s Fees under
the Equal Access to Justice Act (Doc. #18) is accepted and the
Commissioner shall pay Plaintiff’s attorney fees, costs, and expenses
in the total amount of $5,000.00;
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;
3.
Plaintiff’s Motion for Attorney Fees under the EAJA (Doc. #17) is
denied as moot; and
4.
The case remains terminated on the docket of this Court.
IT IS SO ORDERED.
June 29, 2018
s/Sharon L. Ovington
Sharon L. Ovington
United States Magistrate Judge
2
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