Opinion
Case No. 3:17-cv-00107
11-29-2018
JANET ELLISON, Plaintiff, v. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant.
(by full consent of the parties)
DECISION AND ENTRY
This case is before the Court on the parties' Joint Stipulation For The Award Of Attorney Fees Under The Equal Access To Justice Act (EAJA), 28 U.S.C. § 2412. (Doc. #14). Specifically, the parties stipulate to an award to Plaintiff of $3,000.00 in attorney fees, costs, and expenses. The award of attorney fees will fully satisfy any and all Plaintiff's claims for fees, costs, and expenses under 28 U.S.C. § 2412 that may be payable in this case.
Any fees paid belong to Plaintiff and not her attorney, and said fees can be offset to satisfy pre-existing debt that Plaintiff owes the United States under Astrue v. Ratliff, 560 U.S. 586 (2010). After the Court enters this EAJA award, if counsel for the parties can verify that Plaintiff owes no pre-existing debt subject to offset, Defendant agrees to direct that the award be made payable to Plaintiff's attorney pursuant to an EAJA assignment duly signed by Plaintiff and her counsel.
IT IS THEREFORE ORDERED THAT:
1. The Parties' Joint Stipulation For The Award Of Attorney Fees Under The EAJA (Doc. #14) is accepted, and the Commissioner shall pay Plaintiff's attorney fees, costs, and expenses in the total amount of $3,000.00;
2. Counsel for the parties shall verify, within thirty days of this Decision and Entry , 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 pursuant to the EAJA assignment signed by Plaintiff and counsel; and
3. The case remains terminated on the docket of this Court.
November 29, 2018
s/Sharon L . Ovington
Sharon L. Ovington
United States Magistrate Judge