Candler v. Commissioner Social Security, No. 3:2012cv00181 - Document 21 (S.D. Ohio 2014)
Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS - The Report and Recommendations filed on January 3, 2014 20 is ADOPTED in full, Plaintiffs Motion for Attorney Fees under Equal Access to Justice Act (EAJA), 28 U.S.C. §2412(d) 15 be GR ANTED, in part, and DENIED, in part, and Plaintiff is awarded a total of $6,290.00 in attorney fees under the EAJA, the Commissioner is directed to determine within 30 days whether Plaintiffowes a pre-existing debt to the government and, if not, to pay the EAJA awarddirectly to Plaintiffs counsel, and the case remains terminated on the docket of this Court. Signed by Judge Thomas M Rose on 1-22-2014. (de)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON KENNETH A. CANDLER, : Plaintiff, : Case No. 3:12cv00181 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 The Court has reviewed the Report and Recommendations of Chief United States Magistrate Judge Sharon L. Ovington (Doc. #20), to whom this case was originally referred pursuant to 28 U.S.C. §636(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 January 3, 2014 (Doc. #20) is ADOPTED in full; 2. Plaintiff s Motion for Attorney Fees under Equal Access to Justice Act (EAJA), 28 U.S.C. §2412(d) (Doc. #15) be GRANTED, in part, and DENIED, in part, and Plaintiff is awarded a total of $6,290.00 in attorney fees under the EAJA; 3. The Commissioner is directed to determine within 30 days whether Plaintiff owes a pre-existing debt to the government and, if not, to pay the EAJA award directly to Plaintiff s counsel; and 4. The case remains terminated on the docket of this Court. January 22, 2014 *s/Thomas M. Rose _______________________ Thomas M. Rose United States District Judge 2
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