Head, III v. Commissioner of Social Security Administration, No. 3:2020cv00054 - Document 18 (S.D. Ohio 2020)

Court Description: DECISION AND ENTRY - IT IS THEREFORE ORDERED THAT: 1. The Parties Stipulation to Award EAJA Fees (Doc. No. 17 ) is accepted and Defendant shall pay Plaintiff's attorney fees, costs, and expenses in the total amount of $4,200.00; 2. Couns el 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 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 12/21/20. (srb)

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Head, III v. Commissioner of Social Security Administration Doc. 18 Case: 3:20-cv-00054-SLO Doc #: 18 Filed: 12/21/20 Page: 1 of 2 PAGEID #: 2838 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON ROBERT HEAD, III, Plaintiff, vs. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. : Case No. 3:20-cv-54 : : Magistrate Judge Sharon L. Ovington : (by full consent of the parties) : : : : : : DECISION AND ENTRY This case is before the Court on the parties’ Stipulation to Award EAJA Fees (EAJA), 28 U.S.C. § 2412. (Doc. No. 17). Specifically, the parties stipulate and petition this Court to enter an order awarding attorney fees in the total amount of $4,200.00 under the EAJA. Their 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 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 pre-existing debt that Plaintiff owes the United States under Astrue v. Ratliff, 560 U.S. 586 (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 duly Dockets.Justia.com Case: 3:20-cv-00054-SLO Doc #: 18 Filed: 12/21/20 Page: 2 of 2 PAGEID #: 2839 signed by Plaintiff and counsel. IT IS THEREFORE ORDERED THAT: 1. The Parties’ Stipulation to Award EAJA Fees (Doc. No. 17) is accepted and Defendant shall pay Plaintiff=s attorney fees, costs, and expenses in the total amount of $4,200.00; 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 counsel; and 3. The case remains terminated on the docket of this Court. IT IS SO ORDERED. Date: December 21, 2020 s/Sharon L. Ovington Sharon L. Ovington United States Magistrate Judge 2

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