LITZY v. COLVIN, 3:13cv00429. (2014)
Court: District Court, S.D. Ohio
Number: infdco20140812d16
Visitors: 13
Filed: Aug. 11, 2014
Latest Update: Aug. 11, 2014
Summary: REPORT AND RECOMMENDATIONS 1 SHARON L. OVINGTON, Chief Magistrate Judge. This case is before the Court upon the parties' Joint Stipulation For Award of Attorney Fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412. (Doc. #13). The parties have stipulated to an award of attorney fees to Plaintiff in the amount of $4,200.00. The parties have further agreed that the EAJA award will be paid to Plaintiff and that an award in the agreed amount will effect full satisfaction and settlem
Summary: REPORT AND RECOMMENDATIONS 1 SHARON L. OVINGTON, Chief Magistrate Judge. This case is before the Court upon the parties' Joint Stipulation For Award of Attorney Fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412. (Doc. #13). The parties have stipulated to an award of attorney fees to Plaintiff in the amount of $4,200.00. The parties have further agreed that the EAJA award will be paid to Plaintiff and that an award in the agreed amount will effect full satisfaction and settleme..
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REPORT AND RECOMMENDATIONS1
SHARON L. OVINGTON, Chief Magistrate Judge.
This case is before the Court upon the parties' Joint Stipulation For Award of Attorney Fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412. (Doc. #13). The parties have stipulated to an award of attorney fees to Plaintiff in the amount of $4,200.00. The parties have further agreed that the EAJA award will be paid to Plaintiff and that an award in the agreed amount will effect full satisfaction and settlement of all Plaintiff's claims for fees, costs, and expenses under the EAJA in this case.
Under the parties' stipulation, and pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), any fees paid by the government belong to Plaintiff, rather than his attorney, and can be offset to satisfy pre-existing debt that Plaintiff owes the United States.
Accordingly, it is hereby RECOMMENDED that:
1. The parties' Joint Stipulation For Award of Attorney Fees under the Equal Access to Justice Act (Doc. #13) be GRANTED, and the Commissioner be ordered to pay Plaintiff's attorney fees, costs, and expenses in the total amount of $4,200.00;
2. Defendant be further ordered to verify, within thirty days of a Decision and Entry adopting this Report, whether or not Plaintiff owes a pre-existing debt to the United States subject to offset. If no such pre-existing debt exists, Defendant be ordered to pay the EAJA award directly to Plaintiff's attorney; and
3. Plaintiff's Motion for Attorney Fees (Doc. #12) be DENIED as moot.
FootNotes
1. Attached hereto is a NOTICE to the parties regarding objections to this Report and Recommendations.
Source: Leagle
