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Jarvis v. Commissioner of Social Security, 1:17-cv-859. (2019)

Court: District Court, S.D. Ohio Number: infdco20190108566 Visitors: 5
Filed: Jan. 02, 2019
Latest Update: Jan. 02, 2019
Summary: REPORT AND RECOMMENDATION KAREN L. LITKOVITZ , Magistrate Judge . This matter is before the Court on the parties' joint Stipulation to Award EAJA [Equal Access to Justice Act] Fees under 28 U.S.C. 2412. (Doc. 20). The parties have stipulated and petitioned the Court to award attorney fees in the amount of $3,200.00 in full satisfaction and settlement of any and all claims plaintiff may have under the EAJA in the above case. The parties have stipulated that the award will satisfy all of pl
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REPORT AND RECOMMENDATION

This matter is before the Court on the parties' joint Stipulation to Award EAJA [Equal Access to Justice Act] Fees under 28 U.S.C. § 2412. (Doc. 20). The parties have stipulated and petitioned the Court to award attorney fees in the amount of $3,200.00 in full satisfaction and settlement of any and all claims plaintiff may have under the EAJA in the above case. The parties have stipulated that the award will satisfy all of plaintiff's claims for fees, costs and expenses under 28 U.S.C. § 2412 in this case. The parties acknowledge that any fees paid belong to plaintiff and not his attorney and can be offset to satisfy any pre-existing debt that plaintiff owes the United States under Astrue v. Ratliff, 560 U.S. 586 (2010). The parties further stipulate that after the Court enters this award, if their counsel can verify that plaintiff owes no pre-existing debt subject to offset, defendant agrees to direct that the award be made payable to plaintiff's counsel pursuant to an EAJA assignment duly signed by plaintiff and his counsel.

IT IS THEREFORE RECOMMENDED that the parties' joint stipulation for an award of attorney fees (Doc. 20) be GRANTED and that plaintiff be awarded attorney fees in the amount of $3,200.00.

Source:  Leagle

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