Tsakalakis v. Commissioner of Social Security
Filing
33
ORDER AND OPINION entered by Judge Joe Billy McDade on 4/16/12 - IT IS THEREFORE ORDERED that the parties joint Stipulation to Award EAJA Fees 32 is GRANTED. The Clerk is DIRECTED to prepare an amended judgment awarding Plaintiff $12,704.31 in fees and expenses and $455.00 in costs. (SF, ilcd)
E-FILED
Tuesday, 17 April, 2012 10:00:43 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION
PETER C. TSAKALAKIS
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Plaintiff,
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v.
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MICHAEL J. ASTRUE, Commissioner of )
Social Security,
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Defendant.
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Case No. 08-cv-1175
ORDER & OPINION
This matter is before the Court on the parties’ joint Stipulation to Award
EAJA Fees. (Doc. 32). On April 2, 2012, the parties jointly submitted a stipulation
indicating that Defendant shall pay fees and expenses of $12,704.31 and costs of
$455.00 under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, to
Plaintiff. The parties stipulate that this award will fully satisfy any and all of
Plaintiff’s claims for fees, costs, and expenses under 28 U.S.C. § 2412 that may be
payable in this case. Pursuant to the Supreme Court’s decision in Astrue v. Ratliff,
130 S. Ct. 2521 (2010), any fees paid belong to Plaintiff and can be offset to satisfy
any pre-existing debt that Plaintiff owes to the United States.
Additionally, the parties have stipulated that after this Court enters this
award, if counsel for the parties can verify that Plaintiff owes no pre-existing debts
to the United States that are subject to offset, Defendant will direct that the award
be made payable to Plaintiff’s attorney pursuant to the attorney’s fee assignment
duly signed by Plaintiff and his counsel. The parties have agreed that Defendant
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will direct the Treasury Department to mail any check in this matter to the
business address of Plaintiff’s counsel.
IT IS THEREFORE ORDERED that the parties’ joint Stipulation to Award
EAJA Fees (Doc. 32) is GRANTED. The Clerk is DIRECTED to prepare an
amended judgment awarding Plaintiff $12,704.31 in fees and expenses and $455.00
in costs.
Entered this 16th day of April, 2012.
s/ Joe B. McDade
JOE BILLY McDADE
United States Senior District Judge
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