Ellis v. Social Security
ORDER granting 19 Motion for Attorney Fees. Signed by District Judge John Corbett O'Meara. (WBar)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
BRIAN JEFFREY ELLIS,
Case No. 15-13985
Honorable John Corbett O’Meara
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
ORDER GRANTING PLAINTIFF’S MOTION FOR FEES
This matter came before the court on plaintiff Brian Jeffrey Ellis’ February 9,
2017 Motion for EAJA Attorney’s Fees. The Commissioner filed a response February
23, 2017. No reply was filed, and no oral argument was heard.
Plaintiff’s counsel filed the instant motion, seeking an award of $5,973.39 in
attorney fees, plus the $400 filing fee, for a total award of $6,373.39.
Commissioner has no objection to the award nor to the amount; rather, she seeks only
an opportunity to determine whether the amount may be “offset to satisfy a preexisting debt that the litigant owes to the United States.” See Kenney v. Colvin, 2015
WL 5837709, at 3* (E.D. Mich. Sept. 29, 2012).
Despite Plaintiff’s counsel’s request that the attorney fees “be paid directly to
plaintiff’s attorney,” the court will award the fees and costs to plaintiff Ellis.
It is hereby ORDERED that plaintiff Ellis’ February 9, 2017 motion for
attorney’s fees is GRANTED.
It is further ORDERED that $6,373.39 be paid to plaintiff Brian Jeffrey Ellis,
minus any amount that may be used to satisfy a pre-existing debt to the United States.
s/John Corbett O'Meara
United States District Judge
Date: April 25, 2017
I hereby certify that a copy of the foregoing document was served upon counsel
of record on this date, April 25, 2017, using the ECF system.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?