Toohey v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

MISTY JOLENE TOOHEY,

Plaintiff, v. Civil Action 2:20-cv-02555 Chief Judge Algenon L. Marbley Magistrate Judge Chelsey M. Vascura COMMISSIONER OF SOCIAL

SECURITY,

Defendant.

ORDER

The parties’ Joint Motion for an Award of Attorney’s Fees Under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, requesting an award to Plaintiff of attorneys’ fees in the amount of $4,500.00, and no costs, is GRANTED. (ECF No. 23.) Accordingly, Plaintiff is AWARDED attorneys’ fees in the amount of $4,500.00. Counsel for the parties shall verify whether Plaintiff owes a pre-existing debt to the United States that is subject to offset. See Astrue v. Ratliff, 560 U.S. 586, 597-98 (2010). If Plaintiff does not owe a debt to the United States, the Government shall pay Plaintiff's EAJA fees directly to her counsel.

In light of the foregoing, the Plaintiffs previous Motion for Attorney Fees (ECF Nos. 20-21) and the Government’s Motion for Extension of Time to Respond (ECF No. 22) are DENIED as MOOT.

IT ISSO ORDERED. bo a [lal

CHIEF UNITED STATES DISTRICT JUDGE DATED: August 17, 2021