PENNICK v. COLVIN, 3:14cv00006. (2015)
Court: District Court, S.D. Ohio
Number: infdco20150225e39
Visitors: 9
Filed: Feb. 24, 2015
Latest Update: Feb. 24, 2015
Summary: DECISION AND ENTRY SHARON L. OVINGTON, Chief Magistrate Judge. This case is before the Court upon Plaintiff's Motion Attorney Fees Under Equal Access To Justice Act, 28 U.S.C. 2412(d) (Doc. #18) and the Commissioner's Response (Doc. #19). The Commissioner states that she does not oppose the award of attorney fees in the amount Plaintiff seeks. Plaintiff's Motion seeks an award of attorney fees under 2412(d) in the total amount of $4,746.06. In the absence of a response or opposition by the
Summary: DECISION AND ENTRY SHARON L. OVINGTON, Chief Magistrate Judge. This case is before the Court upon Plaintiff's Motion Attorney Fees Under Equal Access To Justice Act, 28 U.S.C. 2412(d) (Doc. #18) and the Commissioner's Response (Doc. #19). The Commissioner states that she does not oppose the award of attorney fees in the amount Plaintiff seeks. Plaintiff's Motion seeks an award of attorney fees under 2412(d) in the total amount of $4,746.06. In the absence of a response or opposition by the C..
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DECISION AND ENTRY
SHARON L. OVINGTON, Chief Magistrate Judge.
This case is before the Court upon Plaintiff's Motion Attorney Fees Under Equal Access To Justice Act, 28 U.S.C. §2412(d) (Doc. #18) and the Commissioner's Response (Doc. #19). The Commissioner states that she does not oppose the award of attorney fees in the amount Plaintiff seeks.
Plaintiff's Motion seeks an award of attorney fees under §2412(d) in the total amount of $4,746.06. In the absence of a response or opposition by the Commissioner, the Motion, Memorandum, and supporting Exhibits establish that an award of attorney fees is warranted under §2412(d) in the amount the Motion seeks. Additionally, the award fully and completely satisfies all claims for attorney fees, costs, and expenses under 28 U.S.C. §2412. 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, if any, that Plaintiff owes the United States.
Accordingly, the Court hereby ORDERS that:
1. Plaintiff's Motion Attorney Fees Under Equal Access To Justice Act, 28 U.S.C. §2412(d) (Doc. #18) is GRANTED;
2. The Commissioner shall pay Plaintiff's attorney fees pursuant to 28 U.S.C. §2412(d) in the amount of $4,746.06;
3. Defendant shall verify, within thirty days 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 instant award directly to Plaintiff's attorney; and
4. The case remains terminated on the docket of this Court.
Source: Leagle
