Neff v. Commissioner of Social Security, No. 3:2012cv00120 - Document 17 (S.D. Ohio 2013)
Court Description: DECISION AND ENTRY re 16 Stipulation filed by Commissioner of Social Security. Signed by Judge Thomas M Rose on 3:12-cv-120. The Court hereby ORDERS that: 1. The parties' Stipulation To Award EAJA Fees (Doc. 16 ) is accepted, and Defendant shall pay Plaintiff's attorney fees, costs, and expenses under 28 U.S.C. 2412 in the total amount of $3,500.00; 2. Defendant 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 attorney, Gary M. Blumenthal; and 3. The case remains terminated on the docket of this Court. (kf)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON E. RUTH NEFF, : Plaintiff, : Case No. 3:12cv00120 vs. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant. : District Judge Thomas M. Rose Chief Magistrate Judge Sharon L. Ovington : : : DECISION AND ENTRY This case is before the Court upon the parties= Stipulation To Award Of EAJA Fees (Doc. #16). The parties have jointly stipulated to, and petitioned for, an award of attorney fees, costs, and expenses in the total amount of $3,500.00 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 any EAJA fees paid belong to Plaintiff and can be offset to satisfy any 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 To Award EAJA Fees (Doc. #16) is accepted, and Defendant shall pay Plaintiff=s attorney fees, costs, and expenses under 28 U.S.C. '2412 in the total amount of $3,500.00; 2. Defendant 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 attorney, Gary M. Blumenthal; and 3. The case remains terminated on the docket of this Court. August 13, 2013 *s/Thomas M. Rose Thomas M. Rose United States District Judge
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