Opinion
Case No. 3:12-cv-65
03-08-2013
CLARENCE SMART, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Judge Timothy S. Black
ORDER AWARDING EAJA FEES
This Social Security disability benefits appeal is before the Court on the parties' joint stipulation to award EAJA fees. (Doc. 16). The parties stipulate to and this Court therefore orders, an award in the amount of $2,700.00 for attorney fees and expenses authorized under 28 U.S.C. § 2412(d). This award satisfies Plaintiff's claims for fees, expenses, and costs under 28 U.S.C. § 2412.
Any fees paid belong to Plaintiff and not his attorney and can be offset to satisfy preexisting debt that the litigant owes the United States. Astrue v. Ratliff, 130 S. Ct. 2521 (2010). However, if counsel for the parties can verify that Plaintiff does not owe any pre-existing debt subject to offset, the Defendant agrees to direct the award to Plaintiff's attorney pursuant to the EAJA assignment which was signed by Plaintiff and counsel.
IT IS SO ORDERED.
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Timothy S. Black
United States District Judge