Marshall v. Commissioner of Social Security, No. 3:2014cv00144 - Document 22 (S.D. Ohio 2015)

Court Description: DECISION AND ENTRY finding as moot 20 Motion for Attorney Fees, granting 21 Motion for Attorney Fees -The Parties' Joint Stipulation To An Award Under EAJA 21 is GRANTED, and the Commissioner shall pay Plaintiff's attorney fees in th e total amount of $4,000.00; the Commissioner shall verify, within thirty days of this Decision and Order, whether or not Plaintiff owes a pre-existing debt to the United States that is subject to offset. If no such pre-existing debt exists, the Commissioner shall pay the EAJA award directly to Plaintiffs attorney, Plaintiffs Motion For Attorney Fees 20 is DENIED as moot; and the case remains terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 7-29-2015. (de)

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Marshall v. Commissioner of Social Security Doc. 22 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON MELISSA MARSHALL, Plaintiff, : : Case No. 3:14cv00144 vs. : District Judge Thomas M. Rose CAROLYN W. COLVIN, Commissioner of the Social Security Administration, : Chief Magistrate Judge Sharon L. Ovington Defendant. : : DECISION AND ENTRY This case is before the Court upon the parties’ Joint Stipulation For An Award Under The Equal Access to Justice Act (EAJA). (Doc. #21). The parties have stipulated to an award of attorney fees to Plaintiff in the amount of $4,000.00. The parties have further agreed that the EAJA award will be paid to Plaintiff and that an award in the agreed amount will settle all of Plaintiff’s EAJA claims under this suit. Under the parties’ agreement, any EAJA fees paid belong to Plaintiff and can be offset to satisfy pre-existing debt she owes the United States. See Astrue v. Ratliff, 560 U.S. 586 (2010). Accordingly, the Court hereby ORDERS that: Dockets.Justia.com 1. The Parties’ Joint Stipulation To An Award Under EAJA (Doc. #21) is GRANTED, and the Commissioner shall pay Plaintiff’s attorney fees in the total amount of $4,000.00; 2. The Commissioner shall verify, within thirty days of this Decision and Order, whether or not Plaintiff owes a pre-existing debt to the United States that is subject to offset. If no such pre-existing debt exists, the Commissioner shall pay the EAJA award directly to Plaintiff’s attorney; 3. Plaintiff’s Motion For Attorney Fees (Doc. #20) is DENIED as moot; and 4. The case remains terminated on the docket of this Court. July 29, 2015 *s/Thomas M. Rose ___________________________ Thomas M. Rose United States District Judge

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