Opinion
Case No. 3:12cv00039
06-11-2013
LASONYA SPIDELL, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant.
District Judge Walter Herbert Rice
Chief Magistrate Judge Sharon L. Ovington
DECISION AND ENTRY
This case is before the upon Plaintiff's Motion for Attorney Fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412(d). (Doc. #16). The Commissioner has neither opposed nor responded to Plaintiff's Motion. In the absence of opposition by the Commissioner, Plaintiff's Motion and attached documents establish that she is entitled to an award of attorney fees under the EAJA in the total amount of $3,835.61. In addition, the EAJA fees 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. Plaintiff's Motion for Attorney Fees under the Equal Access to Justice Act (EAJA),
28 U.S.C. §2412(d) (Doc. #16) is GRANTED, and Plaintiff is awarded attorney fees under the EAJA in the total amount of $3,835.61.
2. Defendant shall verify, within thirty days of this Decision and Entry, 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, Defendant shall pay the EAJA award directly to Plaintiff's counsel.
3. The case remains terminated on the docket of this Court.
______________________
Walter Herbert Rice
United States District Judge