Parker v. Commissioner of Social Security

Filing 13

DECISION AND ORDER -The Parties' Stipulation to Award EAJA Fees 12 is accepted and the Commissioner shall pay Plaintiff's attorney fees, costs, and expenses in the total amount of $2,500.00, Counsel for the parties shall verify, with in 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 attorney's fee assignment signed by Plaintiff and counsel; and the case remains terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 1/10/2018. (de)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
PRINCESS PARKER, ON BEHALF
OF CRYSTAL L. PARKER,
Plaintiff,
vs.
NANCY A. BERRYHILL,
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

: Case No. 3:17-cv-205
:
: District Judge Thomas M. Rose
: Magistrate Judge Sharon L. Ovington
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DECISION AND ENTRY
This case is before the Court on the parties’ Stipulation to Award EAJA Fees.
(Doc. #12). Specifically, the parties stipulate and petition this Court to enter an order
awarding attorney fees in the total amount of $2,500.00 under the Equal Access to
Justice Act (“EAJA”), 28 U.S.C. §2412. 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 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 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 attorney’s fee assignment
duly signed by Plaintiff and counsel.
IT IS THEREFORE ORDERED THAT:
1. The Parties’ Stipulation to Award EAJA Fees (Doc. #12) is accepted
and the Commissioner shall pay Plaintiff’s attorney fees, costs, and
expenses in the total amount of $2,500.00;
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 attorney’s fee assignment signed by Plaintiff and
counsel; and
3. The case remains terminated on the docket of this Court.
IT IS SO ORDERED.
*s/Thomas M. Rose
Date: January 10, 2018
Thomas M. Rose
United States District Judge

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