Morris v. Commissioner of Social Security

District Court, S.D. Ohio

Morris v. Commissioner of Social Security

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION - CINCINNATI GARY M., : Case No. 1:23-cv-665 Plaintiff, Judge Matthew W. McFarland Magistrate Judge Kimberly A. Jolson v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 16)

The Court has reviewed the Report and Recommendation of United States Magistrate Judge Kimberly A. Jolson (Doc. 16), to whom this case is referred pursuant to 28 US.C. § 636(b). Noting that no objections have been filed and the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, the Court hereby ADOPTS said Report and Recommendation in its entirety and ORDERS the following: 1. The parties’ Joint Stipulation for an Award of Attorney’s Fees (Doc. 15) is GRANTED; 2. The Commissioner shall pay Plaintiff's attorney fees in the amount of $800.00 under the Equal Access to Justice Act (“EAJA”); 3. The Judgment Fund administered by the United States Treasury shall reimburse Plaintiff for the filing fee of $402.00; 4. Counsel for the parties shall verify whether Plaintiff owes a preexisting 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 5. The case shall remain terminated on the docket of this Court. IT IS SO ORDERED. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO Wed was By: JUDGE MATTHEW W. McFARLAND

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