Gaubatz v. Commissioner of Social Security
Filing
15
DECISION AND ENTRY - IT IS THEREFORE ORDERED THAT: 1. The Parties' Joint Motion for an Award of Attorney Fees under the Equal Access to Justice Act (Doc. # 14 ) is accepted and Defendant shall pay Plaintiff's attorney fees, costs, and expenses in the total amount of $3,900.00; 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-exist ing 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. Signed by Judge Walter H. Rice on 9/2/2020. (srb)
Case: 3:19-cv-00114-WHR-SLO Doc #: 15 Filed: 09/03/20 Page: 1 of 2 PAGEID #: 1790
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
GREGORY GAUBATZ,
Plaintiff,
vs.
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
Defendant.
: Case No. 3:19-cv-114
:
: District Judge Walter H. Rice
: Magistrate Judge Sharon L. Ovington
:
:
:
:
:
:
DECISION AND ENTRY
This case is before the Court on the parties’ Joint Motion for an Award of
Attorney Fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412.
(Doc. #14). Specifically, the parties stipulate to an award to Plaintiff of attorney fees
in the amount of $3,500.00 and costs in the amount of $400.00 in full satisfaction and
settlement of any and all claims Plaintiff may have under the EAJA in the above case.
The award of attorney fees will satisfy all of Plaintiff’s claims for fees, costs, and
expenses under 28 U.S.C. § 2412 in this case. This motion is not intended to set
precedent for, or a representation of, any specific hourly rate or a total number of
hours. 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
Case: 3:19-cv-00114-WHR-SLO Doc #: 15 Filed: 09/03/20 Page: 2 of 2 PAGEID #: 1791
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 Motion for an Award of Attorney Fees under
the Equal Access to Justice Act (Doc. #14) is accepted and
Defendant shall pay Plaintiff’s attorney fees, costs, and
expenses in the total amount of $3,900.00;
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 counsel; and
3.
The case remains terminated on the docket of this Court.
IT IS SO ORDERED.
(tp - per Judge Rice
authorization after his review)
09-02-2020
Walter H. Rice
United States District Judge
2
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