Chappel v. Commissioner of Social Security Administration, No. 3:2012cv00080 - Document 20 (S.D. Ohio 2013)
Court Description: DECISION AND ENTRY - Accordingly, the Court hereby ORDERS that: 1. The parties Stipulation For Award Of Attorney Fees Under The Equal Access To Justice Act, 28 U.S.C. §2412 (Doc. #19) is accepted, and the Commissioner shall pay Plaintiffs attorn ey fees, costs, and expenses under 28 U.S.C. §2412 in the total amount of $2,000.00: 2. Defendant shall verify, within thirty days of this Decision and Order, 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; 3. Plaintiff's Motion For Attorney Fees Under The Equal Access To Justice Act (Doc. # 17 ) is DENIED as moot; and 4. The case remains terminated on the docket of this Court. Signed by Judge Thomas M Rose on 03/26/13. (pb1)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON RAMONA CHAPPEL, : Plaintiff, : Case No. 3:12cv0080 vs. : District Judge Thomas M. Rose Chief Magistrate Judge Sharon L. Ovington CAROLYN W. COLVIN, Commissioner of the Social Security Administration, : Defendant. : : DECISION AND ENTRY This case is before the Court upon the parties Stipulation For Award Of Attorney Fees Under The Equal Access To Justice Act (EAJA), 28 U.S.C. §2412 (Doc. #19). The parties have stipulated to an award of attorney fees, costs, and expenses to Plaintiff in the amount of $2,000.00. Under the parties Stipulation, any EAJA fees paid belong to Plaintiff and not her attorney and can be offset to satisfy pre-existing debt that Plaintiff owes the United States pursuant to Astrue v. Ratliff, 560 U.S. __, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010). Accordingly, the Court hereby ORDERS that: 1. The parties Stipulation For Award Of Attorney Fees Under The Equal Access To Justice Act, 28 U.S.C. §2412 (Doc. #19) is accepted, and the Commissioner shall pay Plaintiff s attorney fees, costs, and expenses under 28 U.S.C. §2412 in the total amount of $2,000.00; 2. Defendant shall verify, within thirty days of this Decision and Order, 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; 3. Plaintiff s Motion For Attorney Fees Under The Equal Access To Justice Act (Doc. # 17) is DENIED as moot; and 4. The case remains terminated on the docket of this Court. March 26, 2013 *s/THOMAS M. ROSE Thomas M. Rose United States District Judge 2
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