Jones v. Commissioner of Social Security

S.D. Ohio

Jones v. Commissioner of Social Security

DecidedJanuary 27, 2022

Docket3:20-cv-00233

StatusUnknown

This text of Jones v. Commissioner of Social Security (Jones v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jones v. Commissioner of Social Security, (S.D. Ohio 2022).

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

TIMOTHY RAY JONES,

Plaintiff, Case No. 3:20-cv-233

vs.

COMMISSIONER OF THE SOCIAL District Judge Michael J. Newman SECURITY ADMINISTRATION, Magistrate Judge Peter B. Silvain, Jr.

Defendant.

ORDER: (1) GRANTING THE PARTIES’ JOINT MOTION FOR AN AWARD OF ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (Doc. No. 27); (2) DENYING AS MOOT PLAINTIFF’S PREVIOUS MOTION FOR AN AWARD OF ATTORNEY’S FEES (Doc. No. 25) AND (3) AWARDING PLAINTIFF $6,050.00 IN EAJA FEES

This Social Security case is before the Court on the parties’ joint motion for attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $6,050.00 (Doc. No. 27), and Plaintiff’s previous motion for attorney’s fees under the EAJA (Doc. No. 25). The parties do not dispute that all requirements are met for a reasonable award of EAJA fees. Doc. No. 27 at PageID 1259. Therefore, the Court: (1) GRANTS the parties’ joint motion (Doc. No. 27); (2) DENIES AS MOOT Plaintiff’s previous motion (Doc. No. 25); and (3) AWARDS Plaintiff EAJA fees in the amount of $6,050.00. Counsel for the parties shall verify whether Plaintiff owes a pre-existing debt to the United States subject to offset, consistent with Astrue v. Ratliff, 560 U.S. 586 (2010). 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 his counsel. No further matters require review in this case; accordingly, it remains TERMINATED upon the Court’s docket. IT IS SO ORDERED. January 27, 2021 s/ Michael J. Newman Hon. Michael J. Newman United States District Judge

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

TIMOTHY RAY JONES,

Plaintiff, Case No. 3:20-cv-233

vs.

COMMISSIONER OF THE SOCIAL District Judge Michael J. Newman SECURITY ADMINISTRATION, Magistrate Judge Peter B. Silvain, Jr.

Defendant.

ORDER: (1) GRANTING THE PARTIES’ JOINT MOTION FOR AN AWARD OF ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (Doc. No. 27); (2) DENYING AS MOOT PLAINTIFF’S PREVIOUS MOTION FOR AN AWARD OF ATTORNEY’S FEES (Doc. No. 25) AND (3) AWARDING PLAINTIFF $6,050.00 IN EAJA FEES

This Social Security case is before the Court on the parties’ joint motion for attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $6,050.00 (Doc. No. 27), and Plaintiff’s previous motion for attorney’s fees under the EAJA (Doc. No. 25). The parties do not dispute that all requirements are met for a reasonable award of EAJA fees. Doc. No. 27 at PageID 1259. Therefore, the Court: (1) GRANTS the parties’ joint motion (Doc. No. 27); (2) DENIES AS MOOT Plaintiff’s previous motion (Doc. No. 25); and (3) AWARDS Plaintiff EAJA fees in the amount of $6,050.00. Counsel for the parties shall verify whether Plaintiff owes a pre-existing debt to the United States subject to offset, consistent with Astrue v. Ratliff, 560 U.S. 586 (2010). 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 his counsel. No further matters require review in this case; accordingly, it remains TERMINATED upon the Court’s docket. IT IS SO ORDERED. January 27, 2021 s/ Michael J. Newman Hon. Michael J. Newman United States District Judge

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