Bretland v. Commissioner of Social Security
Filing
19
ORDER granting 18 Joint Motion for Attorney Fees. IT IS THEREFORE ORDERED THAT: The Parties' Joint Motion for an Award of Attorney Fees under the Equal Access to Justice Act is accepted and Defendant shall pay Plaintiff's attorney fe es, costs, and expenses in the total amount of $2,000.00; 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 su ch 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 Magistrate Judge Sharon L. Ovington on 1/7/2022. (bjr)
Case: 3:20-cv-00510-SLO Doc #: 19 Filed: 01/07/22 Page: 1 of 2 PAGEID #: 939
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
MICHELLE BRETLAND,
Plaintiff,
vs.
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
Defendant.
: Case No. 3:20-cv-510
:
: Magistrate Judge Sharon L. Ovington
: (by full consent of the parties)
:
:
:
:
:
:
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. No. 18).
Specifically, the parties stipulate to an award to Plaintiff of attorney fees in the amount
of $2,000.00 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. Any
fees paid belong to Plaintiff, and not her attorney, and can be offset to satisfy preexisting debt that Plaintiff owes the United States under Astrue v. Ratliff, 560 U.S. 586
(2010). Plaintiff and Defendant move that the Court award Plaintiff EAJA fees, costs,
and expenses in the amount of $2,000.00.
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
Case: 3:20-cv-00510-SLO Doc #: 19 Filed: 01/07/22 Page: 2 of 2 PAGEID #: 940
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. No. 18) is accepted and
Defendant shall pay Plaintiff’s attorney fees, costs, and
expenses in the total amount of $2,000.00;
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.
Date: January 7, 2022
s/Sharon L. Ovington
Sharon L. Ovington
United States Magistrate Judge
2
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