McGill v. Commissioner of Social Security

Filing 16

DECISION AND ORDER - re 15 Joint Stipulation - 1.The Parties' Joint Stipulation for an Award of Attorney's Fees under the Equal Access to Justice Act 15 is accepted and the Commissioner shall pay Plaintiff's attorney fees, costs , and expenses in the total amount of $3,713.00, 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-ex isting debt exists, Defendant shall pay the EAJA award directly to Plaintiff's counsel pursuant to the EAJA assignment signed by Plaintiff; and the case remains terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 9-4-2018. (de)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ROSE MCGILL,
Plaintiff,
vs.
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
Defendant.

: Case No. 3:17-cv-131
:
: District Judge Thomas M. Rose
: Magistrate Judge Sharon L. Ovington
:
:
:
:
:
:

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. #15). Specifically, the parties stipulate and petition this Court to enter an order
awarding attorney fees in the amount of $3,713.00 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. #15) is accepted
and the Commissioner shall pay Plaintiff’s attorney fees, costs,
and expenses in the total amount of $3,713.00;

2.

Counsel for the parties shall verify, within thirty days of this
Decision and Entry, whether or not Plaintiff owes a preexisting 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

3.

The case remains terminated on the docket of this Court.

IT IS SO ORDERED.
Date: September 4, 2018

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

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