McCain v. Commissioner of Social Security, No. 3:2017cv00402 - Document 16 (S.D. Ohio 2019)
Court Description: DECISION AND ENTRY granting 15 Joint Motion for Attorney Fees -The Parties' Joint Stipulation for an Award of Attorney's Fees under the Equal Access to Justice Act 15 is accepted and the Commissioner shall pay Plaintiff's attorney fees, costs, and expenses in the total amount of $5,000.00; Counsel for Defendant 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 case remains terminated on the docket of this Court.Signed by Judge Thomas M. Rose on 5-16-2019. (de)
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McCain v. Commissioner of Social Security Doc. 16 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON SHERRI MCCAIN, Plaintiff, vs. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. : Case No. 3:17-cv-402 : : 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 an Award of Attorney’s Fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Doc. #15). Specifically, the parties move for entry of an agreed order granting Plaintiff $5,000.00 for attorney fees and expenses in full satisfaction of any and all claims for attorney fees, expenses, and costs that may be payable to Plaintiff in this matter under EAJA. The Commissioner requests that the order provide any fees paid belong to Plaintiff and not her attorney and can be offset to satisfy any pre-existing debt that the litigant owes the United States, Astrue v. Ratliff, 560 U.S. 586 (2010), and further that after the Court enters this award, if Defendant can verify that Plaintiff does not owe a pre-existing debt to the government subject to the offset, Defendant will direct that the award be made payable to Plaintiff’s attorney pursuant to the EAJA assignment duly Dockets.Justia.com 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. #15) is accepted and the Commissioner shall pay Plaintiff=s attorney fees, costs, and expenses in the total amount of $5,000.00; 2. Counsel for Defendant 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 counsel; and 3. The case remains terminated on the docket of this Court. IT IS SO ORDERED. Date: May 16, 2019 *s/Thomas M. Rose Thomas M. Rose United States District Judge 2
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