Jeffrey K. v. Commissioner of Social Security

Summary

The United States District Court for the Southern District of Ohio approved the parties’ joint stipulation awarding Plaintiff $6,560.00 in attorney fees and no costs under the Equal Access to Justice Act. The order provides that the award may be offset against qualifying federal debt and may be paid directly to Plaintiff’s counsel if no such debt exists, and it leaves the case terminated.

Holdings

1. The Court accepted the parties' joint stipulation and ordered Defendant to pay Plaintiff $6,560.00 in attorney fees and $0.00 in costs, for a total award of $6,560.00.
2. Counsel must verify within thirty days whether Plaintiff owes a pre-existing debt to the United States subject to offset; if no such debt exists, Defendant must pay the EAJA award directly to Plaintiff's counsel pursuant to the signed assignment.

Questions Presented

1. Whether the Court should accept the parties' joint stipulation and award Plaintiff $6,560.00 in attorney fees and $0.00 in costs under the Equal Access to Justice Act.
2. Whether payment of the EAJA award should be subject to verification of any pre-existing debt owed by Plaintiff to the United States and, if none exists, made directly to Plaintiff's counsel pursuant to the assignment.

Disposition

other