Cox v. Commissioner of Social Security
Filing
15
DECISION and ORDER - re 14 Stipulation filed by Commissioner of Social Security - The Parties' Joint Stipulation for Allowance of Attorney Fees under the Equal Access to Justice Act 14 is accepted and the Commissioner shall pay Plaintif fs attorney fees, costs, and expenses in the total amount of $4,100.00, 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 the case remains terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 10-17-2017. (de)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ADA L. ANDRES COX,
Plaintiff,
vs.
NANCY A. BERRYHILL,
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
: Case No. 3:16-cv-501
:
: 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 Allowance of
Attorney Fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412.
(Doc. #14). Specifically, the parties stipulate and petition this Court to enter an order
awarding attorney fees in the total amount of $4,100.00 under the EAJA. This
stipulation represents a compromise of disputed positions and is not intended to set a
precedent for any specific hourly rate. The award of attorney fees will fully satisfy
any and all 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 pre-existing debt
that Plaintiff owes the United States, pursuant to the decision in 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 will 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 Allowance of Attorney Fees under the
Equal Access to Justice Act (Doc. #14) is accepted and the
Commissioner shall pay Plaintiff’s attorney fees, costs, and expenses in
the total amount of $4,100.00;
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.
IT IS SO ORDERED.
Date: October 17, 2017
*s/Thomas M. Rose
Thomas M. Rose
United States District Judge
2
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