Opinion
Case No. 3:12cv0080
03-26-2013
RAMONA CHAPPEL, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of the Social Security Administration, Defendant.
District Judge Thomas M. Rose
Chief Magistrate Judge Sharon L. Ovington
DECISION AND ENTRY
This case is before the Court upon the parties' Stipulation For Award Of Attorney Fees Under The Equal Access To Justice Act (EAJA), 28 U.S.C. §2412 (Doc. #19). The parties have stipulated to an award of attorney fees, costs, and expenses to Plaintiff in the amount of $2,000.00. Under the parties' Stipulation, any EAJA fees paid belong to Plaintiff and not her attorney and can be offset to satisfy pre-existing debt that Plaintiff owes the United States pursuant to Astrue v. Ratliff, 560 U.S. _, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010).
Accordingly, the Court hereby ORDERS that:
1. The parties' Stipulation For Award Of Attorney Fees Under The Equal Access To Justice Act, 28 U.S.C. §2412 (Doc. #19) is accepted, and the Commissioner shall pay Plaintiff's attorney fees, costs, and expenses under
28 U.S.C. §2412 in the total amount of $2,000.00;
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 counsel;
3. Plaintiff's Motion For Attorney Fees Under The Equal Access To Justice Act (Doc. # 17) is DENIED as moot; and
4. The case remains terminated on the docket of this Court.
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Thomas M. Rose
United States District Judge