Opinion
Case No. 3:13cv00237
11-19-2014
DAVID BINEGAR, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.
Chief Magistrate Judge Sharon L. Ovington
DECISION AND ORDER
The Court has conducted a de novo review of the Report and Recommendations of Chief United States Magistrate Judge Sharon L. Ovington (Doc. #18), to whom this case was originally referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations.
Accordingly, it is hereby ORDERED that:
1. The Report and Recommendations filed on October 31, 2014 (Doc .# 18) is adopted in full;
2. The parties' Joint Stipulation to Award Attorney's Fees under the Equal Access to Justice Act (Doc. #17) is accepted, and Defendant is directed to pay Plaintiff's attorney fees under 28 U.S.C. § 2412 in the total amount of $4,600.00;
3. Defendant is directed to 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. And, if no such pre-existing debt exists, Defendant is directed to pay the EAJA award directly to Plaintiff's attorney;
4. Plaintiff's Motion for Attorney Fees under Equal Access to Justice Act (Doc. #16) is DENIED as moot; and,
5. The case remains terminated on the docket of this Court.
/s/_________
Walter Herbert Rice
United States District Judge