Opinion
Case No. 3:13-cv-54
10-30-2015
CYNTHIA M. WINN, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.
Chief Magistrate Judge Sharon L. Ovington
DECISION AND ORDER
This case is before the Court upon the parties' Joint Stipulation For An Award Of Attorney Fees Under The Equal Access To Justice Act (Doc. 23). The parties have jointly stipulated to, and petitioned for, an award of attorney fees, costs, and expenses in the total amount of $9,250 in full satisfaction and settlement of any and all claims Plaintiff may have under the EAJA, 28 U.S.C. § 2412. The parties further agree that any EAJA fees paid belong to Plaintiff and can be offset to satisfy any pre-existing debt that Plaintiff owes the United States, pursuant to Astrue v. Ratliff, 560 U.S. 586, 130 S.Ct. 2521 (2010).
Accordingly, the Court hereby ORDERS that:
1. The parties' Joint Stipulation For An Award Of Attorney Fees Under The Equal Access To Justice Act (Doc. 23) is accepted, and Defendant shall pay Plaintiff's attorney fees, costs, and expenses under 28 U.S.C. § 2412 in the total amount of $9,250.00;
2. Defendant shall verily, 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 direct that the award be made payable to Plaintiff's attorney pursuant to an EAJA assignment duly signed by Plaintiff and counsel;
3. Plaintiff's previously filed Motion for Attorney Fees Under Equal Access to Justice Act (Doc. 22) is hereby terminated as moot; and
4. The case remains terminated on the docket of this Court.
DONE and ORDERED in Dayton, Ohio, this Friday, October 30, 2015.
s/Thomas M. Rose
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE