Jensen v. Commissioner of Social Security, No. 3:2011cv00453 - Document 22 (S.D. Ohio 2013)
Court Description: DECISION AND ENTRY - The Court hereby ORDERS that: 1. The Parties' Joint Stipulation To An Award Under EAJA (Doc. # 21 ) is accepted and the Commissioner shall pay Plaintiff's attorney fees, costs, and expenses in the total amount of $ ;4,700.00; 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 di rectly to Plaintiff's counsel; and 3. Plaintiff's Motion For Attorney Fees Under Equal Access To Justice Act (Doc. # 19 ) is DENIED as moot; and 4. The case remains terminated on the docket of this Court. Signed by Judge Thomas M Rose on 02/04/13. (pb1)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON VIRGINIA A. JENSEN, Plaintiff, : : Case No. 3:11cv00453 vs. : District Judge Thomas M. Rose Chief Magistrate Judge Sharon L. Ovington MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, : Defendant. : : DECISION AND ENTRY This case is before the Court upon the parties= Joint Stipulation To An Award Under EAJA, the Equal Access to Justice Act, 28 U.S.C. '2412(d). (Doc. #21). The parties agree that Plaintiff is entitled to an EAJA award of attorney fees, costs, and expenses in the total amount of $4,700.00. The parties have further agreed that the EAJA award in the agreed amount will settle all of Plaintiff=s EAJA claims in this case. 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= Joint Stipulation To An Award Under EAJA (Doc. #21) is accepted and the Commissioner shall pay Plaintiff=s attorney fees, costs, and expenses in the total amount of $4,700.00; 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. Plaintiff=s Motion For Attorney Fees Under Equal Access To Justice Act (Doc. #19) is DENIED as moot; and 4. The case remains terminated on the docket of this Court. February 4, 2013 s/Thomas M. Rose Thomas M. Rose United States District Judge 3
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