McGrew v. Commissioner of Social Security Administration, No. 3:2013cv00118 - Document 18 (S.D. Ohio 2014)

Court Description: DECISION AND ORDER -The parties' Joint Stipulation to Award Attorneys Fees Under The Equal Access To Justice Act 17 is accepted, and Defendant shall pay Plaintiff's attorney fees, costs, and expenses under 28 U.S.C. Section 2412 in the to tal amount of $4,500.00, 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 Plaintiffs attorney, and this case remains terminated on the docket of this Court. re 17 Stipulation filed by Commissioner of Social Security Administration. Signed by Judge Thomas M Rose on 7-25-2014. (de)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON JAMES MCGREW, : Plaintiff, : Case No. 3:13cv00118 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= Joint Stipulation to Award Attorney s Fees Under the Equal Access to Justice Act (Doc. #17). The parties have jointly stipulated to, and petitioned for, an award of attorney fees, costs, and expenses in the total amount of $4,500.00 in full satisfaction and settlement of any and all claims Plaintiff may have under the 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. 586, 130 S.Ct. 2521 (2010). Accordingly, the Court hereby ORDERS that: 1. The parties= Joint Stipulation to Award Attorney s Fees Under The Equal Access To Justice Act (Doc. #17) is accepted, and Defendant shall pay Plaintiff=s attorney fees, costs, and expenses under 28 U.S.C. ' 2412 in the total amount of $4,500.00; 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; and 3. The case remains terminated on the docket of this Court. July 25, 2014 *s/Thomas M. Rose Thomas M. Rose United States District Judge

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