McKinney v. Commissioner of Social Security

S.D. Ohio

McKinney v. Commissioner of Social Security

District Court, S.D. Ohio·Decided June 27, 2022·No. 2:21-cv-05074·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

DEBRA M.,

Plaintiff, Case No. 2:21-cv-5074 v. JUDGE EDMUND A. SARGUS, JR. Magistrate Judge Kimberly A. Jolson

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

ORDER This matter is before the Court on the parties’ Joint Motion for Attorney Fees Under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. (ECF No. 13.) The Court hereby GRANTS the parties’ joint motion and awards Plaintiff EAJA fees of $3,900.00 and costs of $00.00, for a total award of $3,900.00. (Id.) Consistent with Astrue v. Ratliff, 560 U.S. 586 (2010), counsel for the parties shall verify whether Plaintiff owes a preexisting 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. This case shall remain closed. IT IS SO ORDERED.

6/27/2022 s/Edmund A. Sargus, Jr. DATE EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

DEBRA M.,

Plaintiff, Case No. 2:21-cv-5074 v. JUDGE EDMUND A. SARGUS, JR. Magistrate Judge Kimberly A. Jolson

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

ORDER This matter is before the Court on the parties’ Joint Motion for Attorney Fees Under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. (ECF No. 13.) The Court hereby GRANTS the parties’ joint motion and awards Plaintiff EAJA fees of $3,900.00 and costs of $00.00, for a total award of $3,900.00. (Id.) Consistent with Astrue v. Ratliff, 560 U.S. 586 (2010), counsel for the parties shall verify whether Plaintiff owes a preexisting 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. This case shall remain closed. IT IS SO ORDERED.

6/27/2022 s/Edmund A. Sargus, Jr. DATE EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE

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

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