Jones v. Commissioner of Social Security ( 2022 )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON TIMOTHY RAY JONES, Plaintiff, Case No. 3:20-cv-233 vs. COMMISSIONER OF THE SOCIAL District Judge Michael J. Newman SECURITY ADMINISTRATION, Magistrate Judge Peter B. Silvain, Jr. Defendant. ORDER: (1) GRANTING THE PARTIES’ JOINT MOTION FOR AN AWARD OF ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (Doc. No. 27); (2) DENYING AS MOOT PLAINTIFF’S PREVIOUS MOTION FOR AN AWARD OF ATTORNEY’S FEES (Doc. No. 25) AND (3) AWARDING PLAINTIFF $6,050.00 IN EAJA FEES This Social Security case is before the Court on the parties’ joint motion for attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $6,050.00 (Doc. No. 27), and Plaintiff’s previous motion for attorney’s fees under the EAJA (Doc. No. 25). The parties do not dispute that all requirements are met for a reasonable award of EAJA fees. Doc. No. 27 at PageID 1259. Therefore, the Court: (1) GRANTS the parties’ joint motion (Doc. No. 27); (2) DENIES AS MOOT Plaintiff’s previous motion (Doc. No. 25); and (3) AWARDS Plaintiff EAJA fees in the amount of $6,050.00. Counsel for the parties shall verify whether Plaintiff owes a pre-existing 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 his counsel. No further matters require review in this case; accordingly, it remains TERMINATED upon the Court’s docket. IT IS SO ORDERED. January 27, 2021 s/ Michael J. Newman Hon. Michael J. Newman United States District Judge