Fulwiley v. Commissioner of Social Security

S.D. Ohio

Fulwiley v. Commissioner of Social Security

District Court, S.D. Ohio·Decided February 4, 2021·No. 2:19-cv-04995·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

LEWIS L. FULWILEY, : : Case No. 2:19-CV-4995 Plaintiff, : : CHIEF JUDGE ALGENON L. MARBLEY v. : : Magistrate Judge Vascura ANDREW SAUL, ACTING : COMMISSIONER OF SOCIAL : SECURITY : Defendant. :

ORDER Before the Court is a Joint Motion for an Award of Attorney Fees Under the Equal Access to Justice Act (the “EAJA”) (ECF No. 23). The parties jointly stipulate that the Commissioner shall play Plaintiff’s attorney fees in the amount of $4,200.00. The Court hereby GRANTS this motion [#23]. Counsel for the parties are DIRECTED to verify whether Plaintiff owes a preexisting debt to the United States subject to offset, consistent with Astrue v. Ratlff, 560 U.S. 586 (2010). If no such pre-existing debt exists, the Commissioner shall pay the EAJA award directly to Plaintiff’ s counsel pursuant to the EAJA assignment signed by Plaintiff and counsel. The case remains terminated on the docket of this Court. a ) IT IS SO ORDERED. conil j /

ALGENON I. MARB CHIEF UNITED STATES DISTRICT JUDGE DATED: February 4, 2021

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

LEWIS L. FULWILEY, : : Case No. 2:19-CV-4995 Plaintiff, : : CHIEF JUDGE ALGENON L. MARBLEY v. : : Magistrate Judge Vascura ANDREW SAUL, ACTING : COMMISSIONER OF SOCIAL : SECURITY : Defendant. :

ORDER Before the Court is a Joint Motion for an Award of Attorney Fees Under the Equal Access to Justice Act (the “EAJA”) (ECF No. 23). The parties jointly stipulate that the Commissioner shall play Plaintiff’s attorney fees in the amount of $4,200.00. The Court hereby GRANTS this motion [#23]. Counsel for the parties are DIRECTED to verify whether Plaintiff owes a preexisting debt to the United States subject to offset, consistent with Astrue v. Ratlff, 560 U.S. 586 (2010). If no such pre-existing debt exists, the Commissioner shall pay the EAJA award directly to Plaintiff’ s counsel pursuant to the EAJA assignment signed by Plaintiff and counsel. The case remains terminated on the docket of this Court. a ) IT IS SO ORDERED. conil j /

ALGENON I. MARB CHIEF UNITED STATES DISTRICT JUDGE DATED: February 4, 2021

Fulwiley v. Commissioner of Social Security, (S.D. Ohio 2021).

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