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Rawlings v. Colvin

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
Aug 28, 2015
Case No. 3:14cv00159 (S.D. Ohio Aug. 28, 2015)

Opinion

Case No. 3:14cv00159

08-28-2015

MARK A. RAWLINGS, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of the Social Security Administration, Defendant.



Chief Magistrate Judge Sharon L. Ovington

DECISION AND ORDER

This case is before the Court upon Plaintiff's Motion For Attorney Fees And Costs Under The Equal Access To Justice Act (EAJA), 28 U.S.C. §2412(d) (Doc. #12), Defendant's Response (Doc. #13), and the record as a whole. The Commissioner does not oppose an award of EAJA fees and costs. Still, the Commissioner objects under Astrue v. Ratliff, 510 U.S. 586 (2010) if Plaintiff is asking the Court to directly pay the requested EAJA award to his attorney.

Plaintiff seeks an award of attorney fees and costs under the EAJA in the amount of $4,952.50. In the absence of opposition by the Commissioner, Plaintiff's Motion and supporting documents establish that he is entitled to an award of attorney fees costs under the EAJA in the total amount he seeks. The fees and costs awarded under the EAJA belong to Plaintiff and are subject to "administrative offset set if [he] has outstanding federal debts." Astrue, 560 U.S. at 593.

Accordingly, the Court hereby ORDERS that:

1. Plaintiff's Motion For Attorney Fees And Expenses Pursuant To The Equal Access To Justice Act (Doc. #12) is GRANTED;

2. The Commissioner shall pay Plaintiff's attorney fees and costs under the EAJA in the total amount of $4,952.50;

3. The Commissioner shall verify, within thirty days of this Decision and Order , whether or not Plaintiff owes a pre-existing debt to the United States that is subject to offset. If no such pre-existing debt exists, the Commissioner shall pay the EAJA award directly to Plaintiff's attorney; and,

4. The case remains terminated on the Court's docket.
August 28, 2015

*s/Thomas M. Rose

Thomas M. Rose

United States District Judge


Summaries of

Rawlings v. Colvin

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
Aug 28, 2015
Case No. 3:14cv00159 (S.D. Ohio Aug. 28, 2015)
Case details for

Rawlings v. Colvin

Case Details

Full title:MARK A. RAWLINGS, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of the…

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

Date published: Aug 28, 2015

Citations

Case No. 3:14cv00159 (S.D. Ohio Aug. 28, 2015)