Cooper v. Commissioner of the Social Security Administration, 3:17-cv-00374. (2020)
Court: District Court, S.D. Ohio
Number: infdco20200211g00
Filed: Feb. 10, 2020
Latest Update: Feb. 10, 2020
Summary: DECISION AND ENTRY THOMAS M. ROSE , District Judge . This case is before the Court on the parties' Joint Motion For An Award Attorney's Fees Under The Equal Access To Justice Act. (Doc. #20). The parties stipulate to an award of attorney fees to Plaintiff in the amount of $3,050.00. The award of attorney fees will fully satisfy and settle any and all of Plaintiff's claims for fees, costs, and expenses under the Equal Access to Justice Act, 28 U.S.C. 2412, that may be payable in this case.
Summary: DECISION AND ENTRY THOMAS M. ROSE , District Judge . This case is before the Court on the parties' Joint Motion For An Award Attorney's Fees Under The Equal Access To Justice Act. (Doc. #20). The parties stipulate to an award of attorney fees to Plaintiff in the amount of $3,050.00. The award of attorney fees will fully satisfy and settle any and all of Plaintiff's claims for fees, costs, and expenses under the Equal Access to Justice Act, 28 U.S.C. 2412, that may be payable in this case. ..
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DECISION AND ENTRY
THOMAS M. ROSE, District Judge.
This case is before the Court on the parties' Joint Motion For An Award Attorney's Fees Under The Equal Access To Justice Act. (Doc. #20). The parties stipulate to an award of attorney fees to Plaintiff in the amount of $3,050.00. The award of attorney fees will fully satisfy and settle any and all of Plaintiff's claims for fees, costs, and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412, that may be payable in this case. Any fees paid belong to Plaintiff—not her attorney—and can be offset to satisfy pre-existing debt that Plaintiff owes the United States. Astrue v. Ratliff, 560 U.S. 586 (2010).
After the Court enters this award, if counsel for the parties 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 attorney pursuant to an EAJA assignment duly signed by Plaintiff.
IT IS THEREFORE ORDERED THAT:
1. The Parties' Joint Motion For An Award Attorney's Fees Under The Equal Access To Justice Act (Doc. #20) is GRANTED, and the Commissioner shall pay Plaintiff's attorney fees, costs, and expenses in the total amount of $3,050.00;
2. Counsel for the parties shall verify, within thirty days of 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 EAJA award directly to Plaintiff's counsel pursuant to the valid EAJA assignment; and
3. The case remains terminated on the docket of this Court.
Source: Leagle
