Lawson v. Commissioner of Social Security
This text of Lawson v. Commissioner of Social Security (Lawson 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.
Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
BETH A. LAWSON, : Case No. 3:20-cv-276 : Plaintiff, : District Judge Thomas M. Rose : Magistrate Judge Sharon L. Ovington vs. : : COMMISSIONER OF THE SOCIAL : SECURITY ADMINISTRATION, : : Defendant. :
DECISION AND ENTRY
This case is before the Court on the parties’ Instanter Joint Stipulation for an Award of Attorney's Fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Doc. #13). Specifically, the parties stipulate to an award to Plaintiff of attorney fees in the amount of $3,100.00, and no costs, in full satisfaction and settlement of any and all claims Plaintiff may have under the EAJA in the above case. The award of attorney fees will satisfy all of Plaintiff’s claims for fees, costs, and expenses under 28 U.S.C. § 2412 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 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 the EAJA assignment duly signed by Plaintiff. IT IS THEREFORE ORDERED THAT: 1. The Parties’ Joint Stipulation for an Award of Attorney's Fees under the Equal Access to Justice Act (Doc. #13) is accepted and Defendant shall pay Plaintiff’s attorney fees, costs, and expenses in the total amount of $3,100.00 and costs in the amount of $0, for a total of $3,100.00;
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.
April 15, 2021 *s/Thomas M. Rose Date Thomas M. Rose United States District Judge
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
Lawson v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawson-v-commissioner-of-social-security-ohsd-2021.