Cox v. Commissioner of Social Security, No. 3:2016cv00501 - Document 15 (S.D. Ohio 2017)

Court Description: DECISION and ORDER - re 14 Stipulation filed by Commissioner of Social Security - The Parties' Joint Stipulation for Allowance of Attorney Fees under the Equal Access to Justice Act 14 is accepted and the Commissioner shall pay Plaintif fs attorney fees, costs, and expenses in the total amount of $4,100.00, 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 the case remains terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 10-17-2017. (de)
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Cox v. Commissioner of Social Security Doc. 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON ADA L. ANDRES COX, Plaintiff, vs. NANCY A. BERRYHILL, COMMISSIONER OF SOCIAL SECURITY, Defendant. : Case No. 3:16-cv-501 : : District Judge Thomas M. Rose : Magistrate Judge Sharon L. Ovington : : : : : : : DECISION AND ENTRY This case is before the Court on the parties’ Joint Stipulation for Allowance of Attorney Fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Doc. #14). Specifically, the parties stipulate and petition this Court to enter an order awarding attorney fees in the total amount of $4,100.00 under the EAJA. This stipulation represents a compromise of disputed positions and is not intended to set a precedent for any specific hourly rate. The award of attorney fees will fully satisfy any and all Plaintiff’s claims for fees, costs, and expenses under 28 U.S.C. § 2412, that may be payable in this case. Any fees paid belong to Plaintiff and can be offset to satisfy pre-existing debt that Plaintiff owes the United States, pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010). 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 will 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 Allowance of Attorney Fees under the Equal Access to Justice Act (Doc. #14) is accepted and the Commissioner shall pay Plaintiff’s attorney fees, costs, and expenses in the total amount of $4,100.00; 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: October 17, 2017 *s/Thomas M. Rose Thomas M. Rose United States District Judge 2