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Couch v. Comm'r of the Soc. Sec. Admin.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
Sep 12, 2018
Case No. 3:17-cv-90 (S.D. Ohio Sep. 12, 2018)

Opinion

Case No. 3:17-cv-90

09-12-2018

MISTI COUCH, Plaintiff, v. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant.



Magistrate Judge Sharon L. Ovington

DECISION AND ENTRY

This case is before the Court on the parties' Stipulation to Award EAJA Fees under. (Doc. #14). Specifically, the parties stipulate and petition this Court to enter an order awarding attorney fees in the total amount of $ 4,000.00 under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. 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 can be offset to satisfy pre-existing debt that Plaintiff owes the United States, pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010). After the Court enters this award, if counsel for the parties can verify that Plaintiff owes no pre-existing debt subject to offset, Defendant will direct that the award be made payable to Plaintiff's attorney pursuant to the EAJA assignment duly signed by Plaintiff. Defendant will direct the Treasury Department to mail any check in this matter to the business address of Plaintiff's counsel.

IT IS THEREFORE ORDERED THAT:


1. The Parties' Stipulation to Award EAJA Fees (Doc. #14) is accepted and the Commissioner shall pay Plaintiff's attorney fees, costs, and expenses in the total amount of $4,000.00;

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

3. The case remains terminated on the docket of this Court.

IT IS SO ORDERED. Date: 9-12-18

/s/_________

Walter H. Rice

United States District Judge


Summaries of

Couch v. Comm'r of the Soc. Sec. Admin.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
Sep 12, 2018
Case No. 3:17-cv-90 (S.D. Ohio Sep. 12, 2018)
Case details for

Couch v. Comm'r of the Soc. Sec. Admin.

Case Details

Full title:MISTI COUCH, Plaintiff, v. COMMISSIONER OF THE SOCIAL SECURITY…

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

Date published: Sep 12, 2018

Citations

Case No. 3:17-cv-90 (S.D. Ohio Sep. 12, 2018)