REPORT AND RECOMMENDATION

STEPHANIE K. BOWMAN, Magistrate Judge.

Plaintiff filed this Social Security appeal to challenge the Defendant's nondisability finding. See 42 U.S.C. §405(g). On January 25, 2018, the Court granted the parties' stipulation for remand of this matter for further consideration under sentence four of 42 U.S.C. §405(g). (Docs. 13, 14).

The parties subsequently filed a stipulation for attorney fees and costs under the Equal Access for Justice Act ("EAJA") (doc. 15). The parties stipulate to and jointly move the Court to award Plaintiff EAJA fees, costs and expenses in the amount of $4,300.00. The stipulation further states that, if counsel for the parties can verify that Plaintiff owes no pre-existing debt to the United States that is subject to offset, then Defendant agrees to direct that the award be made payable to Plaintiff's attorney pursuant to the attorney's fee assignment signed by Plaintiff.

In Kerr v. Com'r of Soc. Sec., 874 F.3d 926 (6th Cir. 2017), the Sixth Circuit held that under Circuit precedent,1 the Supreme Court's decision in Ratliff v. Astrue 560 U.S. 586 (2010), and the Anti-Assignment Act ("AAA"), 31 U.S.C. § 3727, a district court may not honor a pre-existing assignment of an EAJA fee award that directs payment to counsel, but instead must direct payment to the plaintiff. However, the Sixth Circuit also held that if in its discretion, "the government waives application of the AAA in EAJA cases," then payment to counsel would be permitted. Id.

Accordingly, it is RECOMMENDED THAT the parties' stipulation (Doc. 15) be GRANTED, and that Plaintiff be awarded the total sum of $4,300.00 in attorney's fees and costs under the Equal Access to Justice Act.