White v. Commissioner of Social Security, No. 3:2013cv00171 - Document 18 (S.D. Ohio 2014)
Court Description: DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS -The Report and Recommendations filed on August 26, 2014 17 is ADOPTED in full; the parties Joint Stipulation For Award of Attorney Fees under the Equal Access to Justice Act 16 is GRANTED, a nd the Commissioner is ordered to pay Plaintiff's attorney fees, costs, and expenses in the total amount of $4,890.00, Defendant is further ordered to verify, within thirty days of this Decision and Entry, whether or not Plaintiff owes a pr e-existing debt to the United States subject to offset. If no such pre-existing debt exists, Defendant is ordered to pay the EAJA award directly to Plaintiff's attorney, and Plaintiff's Motion for Attorney Fees 14 ) is DENIED as moot. Signed by Judge Thomas M Rose on 9-15-2014. (de)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON JAMES WHITE, : Plaintiff, : Case No. 3:13cv00171 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. #17), to whom this case was originally referred pursuant to 28 U.S.C. ยง 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 August 26, 2014 (Doc. #17) is ADOPTED in full; 2. The parties Joint Stipulation For Award of Attorney Fees under the Equal Access to Justice Act (Doc. #16) is GRANTED, and the Commissioner is ordered to pay Plaintiff s attorney fees, costs, and expenses in the total amount of $4,890.00; 3. Defendant is further ordered to 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 is ordered to pay the EAJA award directly to Plaintiff s attorney; and 4. Plaintiff s Motion for Attorney Fees (Doc. #14) is DENIED as moot. September 15, 2014 *s/Thomas M. Rose _________________________ Thomas M. Rose United States District Judge 2
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