United States District Court, S.D. Ohio, Western Division, Dayton
L. Ovington Magistrate Judge.
DECISION AND ENTRY
M. Rose United States District Judge.
case is before the Court on the parties' Joint
Stipulation for an Award of Attorney Fees under the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. §
2412. (Doc. #12). Specifically, the parties stipulate to an
award to Plaintiff of attorney fees in the amount of $2,
675.44 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
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,
costs, and expenses in the amount of $2, 675.44.
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 and counsel.
THEREFORE ORDERED THAT:
Parties' Joint Stipulation for an Award of Attorney Fees
under the EAJA (Doc. #12) is accepted and the Commissioner
shall pay Plaintiff's attorney fees, costs, and expenses
in the total amount of $2, 675.44;
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 EAJA assignment signed by Plaintiff and
case remains terminated on the ...