BRILL v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER
Filing
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ORDER granting 17 Motion for Approval of Settlement of EAJA Fees By JUDGE GEORGE Z. SINGAL. (jgw)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
BENJAMIN BRILL,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
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Civil No. 1:15-CV-215-GZS
ORDER
Pursuant to the power of this Court to award fees to a prevailing party, other than the United
States, incurred by that party in a civil action against the United States, including proceedings for
judicial review of agency action, under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A),
and in light of this Court’s November 6, 2015 Judgment and Order remanding this case to the
defendant Commissioner for further administrative proceedings,
IT IS HEREBY ORDERED that the United States Social Security Administration shall
pay attorney’s fees in the amount of three thousand, eight hundred one dollars and twenty cents
($3,801.20) in full satisfaction of any and all attorney’s fee claims Plaintiff may have in this case
under the Equal Access to Justice Act.
Pursuant to the United States Supreme Court’s ruling in Astrue v. Ratliff, 560 U.S. 586
(2010), these attorney’s fees are payable to Plaintiff as the prevailing party, and are subject to
offset through the Treasury Department’s Offset Program to satisfy any pre-existing debt Plaintiff
may owe to the government. If, subsequent to the entry of this Order, the Commissioner
determines that Plaintiff owes no debt to the government that would subject this award of
attorney’s fees to offset, the Commissioner may honor Plaintiff’s June 30, 2015 signed assignment
of EAJA fees providing for payment of the subject fees to Plaintiff’s counsel, rather than to
Plaintiff. If, however, Plaintiff is discovered to owe the government any debt subject to offset, the
Commissioner shall pay any attorney’s fees remaining after such offset to Plaintiff rather than to
counsel.
IT IS FURTHER ORDERED that Plaintiff is entitled to four hundred dollars and zero cents
($400.00) in costs, to be paid from the Department of the Treasury’s Judgment Fund.
SO ORDERED.
/s/ George Z. Singal
United States District Judge
Dated this 3rd day of February, 2016.
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