Earick v. Commissioner of Social Security ( 2022 )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON J. MICHELLE EARICK, Plaintiff, Case No. 3:20-cv-234 vs. COMMISSIONER OF SOCIAL SECURITY, District Judge Michael J. Newman 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 (“EAJA”) (DOC. NO. 25); (2) AWARDING PLAINTIFF $5,140 IN EAJA FEES; AND (3) DENYING AS MOOT PLAINTIFF’S INITIAL MOTION FOR ATTORNEY’S FEES (DOC. NO. 21) This Social Security disability benefits appeal is before the Court on the parties’ joint request for attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $5,140. Doc. No. 25. The parties do not dispute that all requirements are met for a reasonable award of EAJA fees. Id. Therefore, the Court: (1) GRANTS the joint motion (Doc. No. 25) and (2) AWARDS Plaintiff EAJA fees in the amount of $5,140.1 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 counsel. No further matters require review in this case; accordingly, it remains TERMINATED upon the Court’s docket. IT IS SO ORDERED. 1 Plaintiff’s initial EAJA fees motion, which predates the parties’ joint motion, is hereby DENIED AS MOOT. Doc. No. 21. Date: 02/18/2022 s/ Michael J. Newman Hon. Michael J. Newman United States District Judge