Venters v. Commissioner of Social Security

Filing 14

DECISION AND ENTRY - IT IS THEREFORE ORDERED THAT: 1. The Parties' Joint Motion for an Award of Attorney's Fees Pursuant to the Equal Access to Justice Act (Doc. No. 13 ) is accepted and Defendant shall pay Plaintiff's attorney fees in the amount of $1,097.00 and $0.00 in costs, for a total award of $1,097.00; 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 Plaintiffs 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. Signed by Magistrate Judge Sharon L. Ovington on 11/17/2021. (srb)

Case: 3:21-cv-00031-SLO Doc #: 14 Filed: 11/17/21 Page: 1 of 2 PAGEID #: 1127

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

: Case No. 3:21-cv-31
:
: 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's Fees Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412.
(Doc. No. 13). Specifically, the parties stipulate to an award to Plaintiff of attorney fees
in the amount of $1,097.00 and $0.00 in costs 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 his attorney, and
can be offset to satisfy pre-existing 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 of $1,097.00 and costs of $0.00 for a total award of $1,097.00.
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: 3:21-cv-00031-SLO Doc #: 14 Filed: 11/17/21 Page: 2 of 2 PAGEID #: 1128

made payable to Plaintiff’s attorney pursuant to the EAJA assignment duly signed by
Plaintiff.
IT IS THEREFORE ORDERED THAT:
1.

The Parties’ Joint Motion for an Award of Attorney's Fees
Pursuant to the Equal Access to Justice Act (Doc. No. 13) is
accepted and Defendant shall pay Plaintiff’s attorney fees in
the amount of $1,097.00 and $0.00 in costs, for a total award
of $1,097.00;

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: November 17, 2021

s/Sharon L. Ovington
Sharon L. Ovington
United States Magistrate Judge

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