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

DEBORAH KAYE FOSTER, : Case No. 3:20-cv-325 : Plaintiff, : : Magistrate Judge Peter B. Silvain, Jr. vs. : (by full consent of the parties) : COMMISSIONER OF THE SOCIAL : SECURITY ADMINISTRATION, : : Defendant. :

DECISION AND ENTRY

This case is before the Court upon Plaintiff’s Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act (EAJA),

(Doc. #17) and Affidavit in Support (Doc. #18). The Commissioner has neither responded to nor opposed this Motion. Plaintiff seeks an award of attorney fees under the EAJA in the amount of $4,241.75 and an award of costs in the amount of $400.00. In the absence of opposition by the Commissioner, Plaintiff’s Motion and supporting documents establish that she is entitled to an award of attorney fees under the EAJA in the total amount $4,641.75 seeks. The attorney fees awarded under the EAJA belong to Plaintiff and are subject to administrative “offset if [she] has outstanding federal debts.” Astrue v. Ratliff,

(2010). IT IS THEREFORE ORDERED THAT: 1. Plaintiff’s Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act,

(Doc. #17) is GRANTED; 2. The Commissioner shall pay Plaintiff’s attorney fees and costs under the EAJA in the total amount of $4,641.75; 3. The Commissioner 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; and 4. The case remains terminated on the docket of this Court. IT IS SO ORDERED.

April 14, 2023 s/Peter B. Silvain, Jr. Peter B. Silvain, Jr. United States Magistrate Judge