Nellum v. Commissioner of Social Security, No. 3:2017cv00390 - Document 17 (S.D. Ohio 2019)
Court Description: DECISION AND ORDER granting 16 Motion for Attorney Fees -The Parties' Joint Stipulation to Award Attorney's Fees under the Equal Access to Justice Act 16 is accepted and the Commissioner shall pay Plaintiff's attorney fees, costs, and expenses in the total amount of $4,290.00, 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 case remains terminated on the docket of this Court. Signed by Thomas M. Rose on 6-11-2019. (de)
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Nellum v. Commissioner of Social Security Doc. 17 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON JAIME NELLUM, Plaintiff, vs. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. : Case No. 3:17-cv-390 : : District Judge Thomas M. Rose : Magistrate Judge Sharon L. Ovington : : : : : : DECISION AND ENTRY This case is before the Court on the parties’ Joint Stipulation to Award Attorney’s Fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Doc. #16). Specifically, the parties stipulate and petition this Court to enter an order awarding attorney fees in the amount of $4,290.00 under the EAJA. This award will fully satisfy any and all of 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 any pre-existing debt that Plaintiff owes the United States, pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586, 130 S.Ct. 2521 (2010). After the Court enters this award, if counsel for the parties can verify that 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 signed by Plaintiff. Dockets.Justia.com IT IS THEREFORE ORDERED THAT: 1. The Parties’ Joint Stipulation to Award 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 $4,290.00; 2. Counsel for the parties shall verify, within thirty days of this Decision and Entry, whether or not Plaintiff owes a preexisting 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 3. The case remains terminated on the docket of this Court. IT IS SO ORDERED. Date: June 11, 2019 *s/Thomas M. Rose Thomas M. Rose United States District Judge 2
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