Butlett v. Commissioner of Social Security
Butlett v. Commissioner of Social Security
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT Granted FOR THE SOUTHERN DISTRICT OHIO WESTERN DIVISION 9:54 AM, May 2, 2024 ANNE M. BUTLETT, ) Plaintiff, ) Sipun □□ tthe □ ) pene ue nel Judge Vv. ) Case No.: 3:22-cv-00281 ) MARTIN O’MALLEY,! ) Magistrate Judge Litkovitz Commissioner of Social Security, ) Defendant. ) )
JOINT STIPULATION FOR AN AWARD OF ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT Plaintiff and Defendant, by their respective counsel, stipulate to an award to Plaintiff of attorney fees in the amount of $5,150.00 in full satisfaction and settlement of any and all claims Plaintiff may have under the Equal Access to Justice Act (EAJA) in the above case. Prior to Plaintiff filing an EAJA petition, the parties jointly reached a resolution to settle EAJA fees in this case. This Stipulation represents a compromise on disputed positions and is not intended to set precedent for, or a representation of, any specific hourly rate or total number of hours. The award of attorney fees will satisfy all of Plaintiff's claims for fees, costs, and expenses under
28 U.S.C. § 2412in this case. Any fees paid belong to Plaintiff, and not Plaintiff's attorney, can be offset to satisfy pre-existing debt that the litigant owes the United States under Astrue v. Ratliff,
130 S.Ct. 2521,
560 U.S. 586(2010). Plaintiff and Defendant move that the Court award Plaintiff EAJA fees of $5,150.00.
1 Martin O’Malley became the Commissioner of Social Security on December 20, 2023. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Martin O’ Malley should be substituted for Kilolo Kijakazi as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act,
42 U.S.C. § 405(g).
After the Court enters this award, if counsel for the parties can verify that Plaintiff owes no pre-existing debts subject to offset, Defendant agrees to direct that the award be made payable to Plaintiff’s attorney pursuant to the EAJA assignment duly signed by Plaintiff.
Respectfully Submitted,
s/ Clifford M. Farrell2 KENNETH PARKER Clifford M. Farrell, ESQUIRE UNITED STATES ATTORNEY Ohio Bar No. 2619 SOUTHERN DISTRICT OF OHIO Manning & Farrell 167 N. High Street, P.O. Box 15037 /s/ Jeremiah D. Hayes Columbus, OH 43215-0037 Jeremiah D. Hayes (999999) (614) 221-1827 Special Assistant United States Attorney Email: [email protected] Office of Program Litigation, Office 4 Office of the General Counsel Social Security Administration Counsel for Plaintiff 6401 Security Boulevard Baltimore, MD 21235 (816) 936-5072 Email: [email protected]
Counsel for Defendant
2 Clifford M. Farrell gave Jeremiah Hayes permission via email to electronically sign on his behalf on May 1, 2024. CERTIFICATE OF SERVICE
I hereby certify that, I electronically filed the foregoing Joint Stipulation with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to all parties of record.
Dated: May 1, 2024 s/Jeremiah D. Hayes Jeremiah D. Hayes Special Assistant United States Attorney Social Security Administration
Reference
- Status
- Unknown