Fetterman v. Commissioner of Social Security, No. 3:2020cv00440 - Document 13 (S.D. Ohio 2021)

Court Description: DECISION AND ENTRY granting 12 Motion for Attorney Fees - 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. #12) is accepted and Defendant shall pa y Plaintiffs attorney fees, costs, and expenses in the total amount of $4,400.00; 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 subj ect 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 3. The case remains terminated on the docket of this Court. Signed by Judge Walter H. Rice on 10/27/21. (pb)

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Fetterman v. Commissioner of Social Security Doc. 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON RACHEL FETTBRMAN, Case No. 3:20-cv-440 District Judge Walter H. Rice Magistrate Judge Peter B. Silvain, Jr. 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.#12). Specifically, the parties stipulate to an award to Plaintiff of attorney fees in the amount of $4,000.00, plus $400.00 costs, in full satisfaction and settlement ofany and all claims Plaintiff may have under the EAJA in the above case. Prior to Plaintifffiling an EAJA petition, the parties jointly reached a resolution to settle EAJA fees in this case. The parties' Stipulation represents a compromise on disputed positions and is not intended to set precedent for, or a representation of, any specific hourly rate or total number ofhours. The award ofattomey fees will satisfy all ofPlaintiffs claims for fees, costs, and expenses under 28 U.S.C. § 2412 in this case. Any fees paid belong to Plaintiff, and not her attomey, and said fees can be offset to satisfy pre-existing debt that Plaintiffowes the United States midei Astrue v. Ratliff, 560 U.S. 586(2010). After the Court enters this award,if coxmsel for the parties can verify that Plaintiff Dockets.Justia.com owes no pre-existing debt subject to offset, Defendant agrees to direct that the award be made payable to Plaintiffs attorney pursuant to the EAJA assignment duly signed by Plaintiff. 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. #12) is accepted and Defendant shall pay Plaintiffs attorney fees, costs, and expenses in the total amount of $4,400.00; 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 Plaintiffs 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. Walter H. Rice United States District Judge

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