Miller v. Commissioner of Social Security, No. 3:2011cv00284 - Document 15 (S.D. Ohio 2012)

Court Description: DECISION AND ORDER - Accordingly, the Court hereby ORDERS that:1. The parties Stipulation To Award Attorney Fees (Doc. # 14 ) is accepted,and the Commissioner shall pay Plaintiffs attorney fees under 28 U.S.C. §2412 in the total amount of $ ;3,600.00; 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. Signed by Judge Thomas M Rose on 11/2/2012. (pb1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON MARY E. MILLER, Plaintiff, : MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. Case No. 3:11cv00284 : vs. : District Judge Thomas M. Rose Magistrate Judge Sharon L. Ovington : : : DECISION AND ORDER This case is before the Court upon the parties Stipulation To Award EAJA Fees. (Doc. #14). The parties agree that Plaintiff is entitled to an award of attorney fees under the Equal Access To Justice Act (EAJA), 28 U.S.C. §2412, in the total amount of $3,600.00. The parties also agree that such an award will fully satisfy any and all of Plaintiff s claims for fees, expenses, and costs under §2412. Under the parties agreement, 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 To Award Attorney Fees (Doc. #14) is accepted, and the Commissioner shall pay Plaintiff s attorney fees under 28 U.S.C. §2412 in the total amount of $3,600.00; 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; and 3. The case remains terminated on the docket of this Court. November 2, 2012 THOMAS M. ROSE Thomas M. Rose United States District Judge 2

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