Carpenter v. Commissioner of Social Security, No. 3:2020cv00360 - Document 15 (S.D. Ohio 2021)

Court Description: DECISION AND ENTRY - 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. No. 14 ) is accepted and Defendant shall pay Plaintiffs attorney fees in the am ount of $3,500.00, and $0.00 in costs; 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 Plaintiffs counsel pursuant to the EAJA assignment signed by Plaintiff and counsel; and 3. The case remains terminated on the docket of this Court. Signed by Judge Walter H. Rice on 9/30/21. (pb)

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Carpenter v. Commissioner of Social Security Doc. 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON TONY CARPENTER, Case No. 3:20-cv-360 District Judge Walter H. Rice Magistrate Judge Sharon L. Ovington Plaintiff, vs. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. 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. No. 14). Specifically, the parties stipulate to an award to Plaintiffofattorney fees in the amount of $3,500.00 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 will satisfy all of Plaintiffs claims for fees, costs, and expenses imder 28 U.S.C. § 2412 in this case. Any fees paid belong to Plaintiff, and not his attorney, and said fees can be offset to satisfy pre-existing debt that Plaintiff owes the United States imder Astrue v. Ratliff,560 U.S. 586(2010). Plaintiffand Defendant move that the Court award Plaintiff EAJA fees of$3,500.00. After the Court enters this award,ifcounsel for the parties can verify that Plaintiff owes no pre-existing debt subject to offset. Defendant agrees to direct that the award be Dockets.Justia.com made payable to Plaintiffs 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. No. 14)is accepted and Defendant shall pay Plaintiffs attorney fees in the amount of$3,500.00, and $0.00 in costs; 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 Plaintiffs 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. Walter H. Rice United States District Judge

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