Inman v. Commissioner of Social Security, No. 3:2012cv00072 - Document 20 (S.D. Ohio 2013)
Court Description: DECISION AND ENTRY GRANTING THE PARTIES' AGREED PETITION TO AWARD $3,908.75 IN ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (Doc. 19 ) AND DENYING PLAINTIFFS MOTION FOR ATTORNEY FEES AS MOOT (Doc. 18 ). Signed by Judge Timothy S. Black on 2/28/2013. (mr1)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION ELIZABETH INMAN, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. : : : : : : : : : : Case No. 3:12-cv-72 Judge Timothy S. Black Magistrate Judge Michael J. Newman DECISION AND ENTRY GRANTING THE PARTIES AGREED PETITION TO AWARD $3,908.75 IN ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (Doc. 19) AND DENYING PLAINTIFF S MOTION FOR ATTORNEY FEES AS MOOT (Doc. 18) This case is before the Court on Plaintiff s Motion for Attorney Fees Under Equal Access to Justice Act. (Doc. 18). After Plaintiff filed her Motion, the parties filed an Agreed Petition to an Award of Attorney Fees Under the Equal Access to Justice Act. (Doc. 19). In that Agreed Petitioner, the parties stipulate and request an order awarding attorney fees and expenses in the total amount of $3,908.75 in full satisfaction and settlement of any and all claims Plaintiff may have under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The parties further agree that this award of attorney fees will fully satisfy any and all Plaintiff s claims for fees, costs, and expenses under 28 U.S.C. § 2412 that may be payable in this case. In addition, the parties agree that any fees paid belong to Plaintiff and can be offset to satisfy any pre-existing debt that Plaintiff owes the United States, pursuant to the decision in Astrue v. Ratliff, --- U.S. ---, 130 S.Ct. 2521 (June 14, 2010). Based on the foregoing agreement between the parties, the Court GRANTS the parties Agreed Petition (Doc. 19) and DENIES Plaintiff s Motion (Doc. 18) as moot. The Court AWARDS Plaintiff attorney fees in the amount of $3,908.75. This fee shall be payable to Plaintiff. After the Court enters this award, if counsel for the parties can verify that Plaintiff owes no pre-existing debt subject to offset, the Commissioner shall direct that the award be made payable to Plaintiff s attorney pursuant to the EAJA assignment duly signed by Plaintiff. IT IS SO ORDERED. Date: February 28, 2013 s/ Timothy S. Black Timothy S. Black United States District Judge 2
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