Trent v. Commissioner of Social Security, No. 3:2009cv00453 - Document 19 (S.D. Ohio 2012)

Court Description: DECISION AND ENTRY - it is hereby ORDERED that: 1. The Report and Recommendations filed on October 3 ~ 2012 (Doc. 18 ) is ADOPTED in full; 2. Plaintiff's Motion for an Award of Attorney Fees Pursuant to the Equal JusticeAct (Doc. 16 ) i s GRANTED, and the Commissioner is ordered to payPlaintiff's attorney fees and costs in the total amount of$4,496.25; 3. The Commissioner is directed to verify, within twenty-one days from the date of this Decision and Entry, whether or not Plaintiff owes a pre-existing debt tothe United States that is subject to offset. The Commissioner is furtherordered to pay the EAJA award directly to Plaintiff's counsel, if no such preexisting debt exists; and 4. The case remains terminated on the docket of this Court. Signed by Judge Walter H Rice on 10/29/2012. (sc1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON NACIE TRENT, Plaintiff, Case No. 3:09cv453 vs. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, District Judge Walter Herbert Rice Magistrate Judge Sharon L. Ovington Defendant. DECISION AND ENTRY The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #18), to whom this case was originally referred pursuant to 28 U.S.C. ยง636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations. Accordingly, it is hereby ORDERED that: 1. The Report and Recommendations filed on October 3 ~ 2012 (Doc. # 18) is ADOPTED in full; 2. Plaintiff's Motion for an Award of Attorney Fees Pursuant to the Equal Justice Act (Doc. #16) is GRANTED, and the Commissioner is ordered to pay Plaintiff's attorney fees and costs in the total amount of$4,496.25; 3. The Commissioner is directed to verify, within twenty-one days from the date of this Decision and Entry, whether or not Plaintiff owes a pre-existing debt to the United States that is subject to offset. The Commissioner is further ordered to pay the EAJA award directly to Plaintiffs counsel, if no such preexisting debt exists; and 4. The case remains terminated on the docket of this Court. Walter Herbert Rice United States District Judge 2

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