Opinion
Case No. 3:13cv00010
01-06-2014
AARON BILBREY, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.
District Judge Walter Herbert Rice
Chief Magistrate Judge Sharon L. Ovington
DECISION AND ORDER
This case is before the Court upon the parties' Joint Stipulation For An Award Of Attorney's Fees Under The Equal Access To Justice [Act] (EAJA). (Doc. #14). The parties agree that Plaintiff is entitled to an award of attorney fees under the EAJA, 28 U.S.C. §2412, in the total amount of $3,350.00. The parties also agree that such an award will fully satisfy any and all of Plaintiff s claims for fees, costs, and expenses under the EAJA.
Under the parties' agreement, any EAJA fees paid belong to Plaintiff and can be offset to satisfy pre-existing debt that he owes the United States. See Astrue v. Ratliff, 560 U.S. 586, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010).
Accordingly, the Court hereby ORDERS that:
1. The parties' Joint Stipulation For An Award Of Attorney's Fees Under The
Equal Access To Justice [Act] (Doc. #14) is accepted, and Defendant shall pay Plaintiff's attorney fees under 28 U.S.C. §2412 in the total amount of $3,350.00;
2. Defendant shall verify, within thirty days of this Decision and Order, 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 attorney; and
3. The case remains terminated on the docket of this Court.
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Walter Herbert Rice
United States District Judge