Finch II v. Commissioner of Social Security, No. 3:2016cv00241 - Document 17 (S.D. Ohio 2017)
Court Description: DECISION AND ENTRY - IT IS THEREFORE ORDERED THAT: 1. The Parties Joint Stipulation for an Award of Attorneys Fees under the Equal Access to Justice Act (Doc. # 16 ) is accepted and the Commissioner shall pay Plaintiff's attorney fees, costs, and expenses in the total amount of $3,095.00; 2. Counsel for the parties shall verify, within thirty days of this Decision andEntry, whether or not Plaintiff owes a pre-existing debt to the United States subject to offset. If no such pre-existi ng debt exists, Defendant shall pay the EAJA award directly to Plaintiff's counsel pursuant to the EAJA assignment signed by Plaintiff and counsel; and 3. The case remains terminated on the docket of this Court. IT IS SO ORDERED. Signed by Magistrate Judge Sharon L. Ovington on 12/1/2017. (srb)
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Finch II v. Commissioner of Social Security Doc. 17 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON GREGORY R. FINCH II, Plaintiff, vs. NANCY A. BERRYHILL, COMMISSIONER OF SOCIAL SECURITY, Defendant. : Case No. 3:16-cv-241 : : Magistrate Judge Sharon L. Ovington : (by full consent of the parties) : : : : : : : DECISION AND ENTRY This case is before the Court on the parties’ Joint Stipulation for an Award of Attorney’s Fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Doc. #16). Specifically, the parties stipulate to an award to Plaintiff of attorney fees in the amount of $2,695.00 and costs of $400.00 in full satisfaction and settlement of any and all claims Plaintiff may have under the EAJA in the above case. The award of attorney fees and costs will satisfy all of Plaintiff’s claims for fees, costs, and expenses under 28 U.S.C. § 2412 in this case. Any fees paid belong to Plaintiff, and not his attorney, and can be offset to satisfy pre-existing debt that Plaintiff owes the United States under Astrue v. Ratliff, 560 U.S. 586 (2010). Plaintiff and Defendant move that the Court award Plaintiff attorney fees of $2,695.00 and costs of $400.00 for a total of $3,095.00. After the Court enters this award, if counsel for the parties can verify that Dockets.Justia.com Plaintiff owes no pre-existing debt subject to offset, Defendant agrees to direct that the award be made payable to Plaintiff’s attorney pursuant to the EAJA assignment duly signed by Plaintiff and counsel. IT IS THEREFORE ORDERED THAT: 1. The Parties’ Joint Stipulation for an Award of Attorney’s Fees under the Equal Access to Justice Act (Doc. #16) is accepted and the Commissioner shall pay Plaintiff=s attorney fees, costs, and expenses in the total amount of $3,095.00; 2. Counsel for the parties 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 counsel pursuant to the EAJA assignment signed by Plaintiff and counsel; and 3. The case remains terminated on the docket of this Court. IT IS SO ORDERED. Date: December 1, 2017 s/Sharon L. Ovington Sharon L. Ovington United States Magistrate Judge 2
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