Miller v. Commissioner of Social Security

Opinion

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

SUE M.,

Plaintiff, Case No. 3:22-cv-171

vs.

COMMISSIONER OF THE SOCIAL District Judge Michael J. Newman SECURITY ADMINISTRATION, Magistrate Judge Chelsey M. Vascura

Defendant.

ORDER: (1) GRANTING THE PARTIES’ JOINT MOTION FOR AN AWARD OF ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (Doc. No. 15); AND (2) AWARDING PLAINTIFF $4,900.00 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 $4,900.00. Doc. No. 15. The parties do not dispute that all requirements are met for a reasonable award of EAJA fees. Id. at PageID 1197. Therefore, the Court: (1) GRANTS the parties’ joint motion (Doc. No. 23); and (2) AWARDS Plaintiff EAJA fees in the amount of $4,900.00. 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. March 1, 2023 s/ Michael J. Newman Hon. Michael J. Newman United States District Judge