Brandy Wilson v. Michael J. Astrue, etc.

Filing

PER CURIAM OPINION FILED - THE COURT: MICHAEL J. MELLOY, RAYMOND W. GRUENDER and BOBBY E. SHEPHERD (UNPUBLISHED), vacating this court's order of 09/15/2008. Doc No. [3470783-2]. [3817406] [06-3627]

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________
No. 06-3627
___________
Brandy Wilson,

*
*
Plaintiff - Appellant,
*
* Appeal from the United States
v.
* District Court for the
* Eastern District of Arkansas.
Michael J. Astrue, Commissioner of
*
Social Security,
* [UNPUBLISHED]
*
Defendant - Appellee.
*
___________
Submitted: August 11, 2010
Filed: August 12, 2011
___________
Before MELLOY, GRUENDER, and SHEPHERD, Circuit Judges.
___________
PER CURIAM.
The Bartels Law Firm, LLC, and E. Gregory Wallace, Esq., successfully
represented Brandy Wilson in an appeal from a denial of Social Security disability
benefits. This court awarded attorneys' fees and expenses under the Equal Access to
Justice Act ("EAJA"), 28 U.S.C. § 2412(b), but the United States Treasury offset the
fee award against debts Wilson owed to the government. We issued an order in this
case on September 15, 2008, finding that an EAJA attorneys' fee award "should not
be offset against debts owed by the successful claimant." Wilson v. Astrue, No. 063627 (8th Cir. Sept. 15, 2008). Subsequently, the Supreme Court of the United States

Appellate Case: 06-3627

Page: 1

Date Filed: 08/12/2011 Entry ID: 3817406

reversed this court's judgment for the reasons articulated in the Supreme Court's
opinion in Astrue v. Ratliff, 130 S. Ct. 2521 (2010). Astrue v. Wilson, 130 S. Ct.
3450, 3450–51 (2010). Consequently, to the extent the Supreme Court did not vacate
our prior order, we do so now.
______________________________

-2-

Appellate Case: 06-3627

Page: 2

Date Filed: 08/12/2011 Entry ID: 3817406