Rafferty v. Commissioner of Social Security

District Court, S.D. Ohio

Rafferty v. Commissioner of Social Security

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Alice R., ) Plaintiff, ) ) Case No.: 2:22-CV-02218 v. ) ) Magistrate Judge Silvain Kilolo Kijakazi, ) Acting Commissioner of Social Security, ) Defendant. ) ) ORDER This cause coming before the Court on the joint motion of the parties, due notice having been given, and the Court being fully advised, 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. #16) is accepted and the Commissioner shall pay Plaintiff's attorney fees in the amount of $4,025.00 and costs in the amount of $0, for a total award of $4,025.00; 2. Counsel for the parties shall verify whether or not Plaintiff owes a preexisting debt to the United States subject to offset, consistent with Astrue v. Ratliff,

130 S.Ct. 2521

,

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 3. The case remains terminated on the docket of this Court. IT IS SO ORDERED. Date: December 15, 2022 _s_/P_e_t_e_r _B_._ S_i_lv_a_i_n_, _J_r._________ Peter B. Silvain, Jr. United States Magistrate Judge

Reference

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