Opinion

Burton-Brown v. Commissioner of Social Security

Court
District Court, S.D. Ohio
Filed
Dec 15, 2022
Cited by
0 cases
Authority
More cited than 28.3%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON

LISA B., : Case No. 3:20-cv-00452

:

Plaintiff, : Magistrate Judge Caroline H. Gentry

: (by full consent of the parties)

vs. :

:

COMMISSIONER OF THE SOCIAL :

SECURITY ADMINISTRATION, :

:

Defendant. :

DECISION AND ENTRY

This case is before the Court on the parties’ Joint Stipulation for an Award of

Attorney’s Fees Under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412.

(Doc. 19). Specifically, the parties stipulate to an award to Plaintiff of attorney fees in

the amount of $5,100.00, and no costs, in full satisfaction and settlement of any and all

claims Plaintiff may have under the EAJA in the above case. The award of attorney

fees will satisfy all of Plaintiff’s claims for fees, costs, and expenses under 28 U.S.C.

§ 2412 in this case. Any fees paid belong to Plaintiff, and not her attorney, and can be

offset to satisfy pre-existing debt that Plaintiff owes the United States under Astrue v.

Ratliff, 560 U.S. 586 (2010). Plaintiff and Defendant move that the Court award

Plaintiff EAJA fees of $5,100.00, and no costs, for a total award of $5,100.00.

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 the EAJA assignment duly

signed by Plaintiff.

IT IS THEREFORE ORDERED THAT:

1. The Parties’ Joint Stipulation for an Award of Attorney's Fees

under the Equal Access to Justice Act (Doc. 19) is accepted

and Defendant shall pay Plaintiff’s attorney fees in the

amount of $5,100.00, and costs of $0.00, for a total award of

$5,100.00;

2. Counsel for the parties shall verify, within thirty days of this

Decision and Entry, whether 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 EAJA

assignment signed by Plaintiff; and

3. The case remains terminated on the docket of this Court.

IT IS SO ORDERED.

s/ Caroline H. Gentry

Caroline H. Gentry

United States Magistrate Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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