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Bethea v. Commissioner of Social Security, 2:17-cv-761. (2018)

Court: District Court, S.D. Ohio Number: infdco20180906e00 Visitors: 6
Filed: Sep. 05, 2018
Latest Update: Sep. 05, 2018
Summary: ORDER MICHAEL H. WATSON , District Judge . On June 20, 2018, United States Magistrate Judge Vascura issued a Report and Recommendation ("R&R") recommending that Plaintiff Tyra J. Bethea's ("Plaintiff') motion for attorney's fees be granted in part and that the Court award Plaintiffattorney's fees in the amount of $4,587.50. R&R 1, EOF No. 20. The R&R notified the parties of their right to file objections to the R&R pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b
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ORDER

On June 20, 2018, United States Magistrate Judge Vascura issued a Report and Recommendation ("R&R") recommending that Plaintiff Tyra J. Bethea's ("Plaintiff') motion for attorney's fees be granted in part and that the Court award Plaintiffattorney's fees in the amount of $4,587.50. R&R 1, EOF No. 20.

The R&R notified the parties of their right to file objections to the R&R pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Id. at 7-8. The R&R further specifically advised the parties that the failure to object to the R&R within fourteen days would result in a waiver of the right to de novo review by the District Judge and waiver of the right to appeal the decision of the District Court. Id. The deadline for filing such objections has passed, and no objections were filed.

Having received no objections, the R&R, ECF No. 20, is ADOPTED. Plaintiffs motion for attorney's fees, ECF No. 17, is GRANTED IN PART, and Plaintiff is awarded $4,587.50 in fees.

The attorney's fee award satisfies all of Plaintiffs claims for fees, costs, and expenses under 28 U.S.C. § 2412. Any fees paid belong to Plaintiff and can be offset to satisfy any pre-existing debt that Plaintiffowes the United States, pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010). Ifcounsel for the parties can verify that Plaintiff owes no pre-existing debt subject to offset. Defendant should direct that the award be made payable to Plaintiffs attorney pursuant to the Equal Access to Justice Act assignment duly signed by Plaintiff.

IT IS SO ORDERED.

Source:  Leagle

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