Hurley v. Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

JASON H., Plaintiff, v. Civil Action 3:22-cv-234 Magistrate Judge 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”). (Doc. 16). The Motion is GRANTED, and the Court awards Plaintiff attorney fees in the amount of $6,482.00, and $402.00 in costs, in full satisfaction of any claims for fees, expenses, and costs under 28 U.S.C. § 2412 that may be payable in this case. Given this disposition, Plaintiff’s prior Motion for Attorney Fees (Doc. 13) is DENIED as moot.

Any fees paid belong to Plaintiff and not her attorney and can be offset to satisfy any pre-existing debt that Plaintiff owes the United States pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010). After the Court enters this award, if counsel for the parties can verify that Plaintiff owes no pre-existing debt subject to offset, the Defendant should direct that the award be made payable to Plaintiff’s attorney pursuant to an EAJA assignment duly signed by Plaintiff.

IT IS SO ORDERED.

Date: April 18, 2023 /s/ Kimberly A. Jolson KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE