Beck vs. Colvin

Filing 33

MEMORANDUM AND ORDER granting Plaintiff Casey D. Beck's Application 29 Motion for Attorney Fees. Attorney's Fees in the amount of $4,776.91 are payable to the Plaintiff; and Defendant Carolyn Colvin will submit to Plaintiff's counsel of record a check made payable to Plaintiff in the amount of $4,776.91, less any debt owed by Plaintiff to the United States offset against such fees. Ordered by Chief Judge Laurie Smith Camp. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CASEY D. BECK,
Plaintiff,

4:15CV3032

vs.
CAROLYN W. COLVIN, Commissioner
of Social Security;

MEMORANDUM
AND ORDER

Defendant.

This matter is before the Court on the Application for Attorney Fees Under the
Equal Access to Justice Act (“Motion”) (Filing No. 29) submitted by Plaintiff Casey D.
Beck (“Plaintiff”). The Motion is pursuant to the Equal Access to Justice Act, 28 U.S.C.
§ 2412 (“EAJA”) and seeks attorney’s fees in the amount of $4,776.91. The Court has
reviewed the record and determined that the requirements of the EAJA for an award of
attorney’s fees are satisfied. Defendant Carolyn Colvin (“Defendant”) does not object to
the request. (See Filing No. 32.) Defendant does note, however, that the holding in
Astrue v. Ratliff, 560 U.S. 586 (2010), provides that an EAJA fee award is payable to
the litigant and therefore subject to a government offset to satisfy any pre-existing debt
owed to the federal government. Once the Court awards the EAJA fee to Plaintiff, the
Assistant United States Attorney shall verify whether Plaintiff owes a debt to the United
States that is subject to offset. Assuming no debt is owed, the fee will be made payable
to Plaintiff and sent to the address of Plaintiff’s counsel. The Court will grant the motion,
and the fee will be awarded to Plaintiff under the procedure followed in Ratliff and its
progeny. Accordingly,

IT IS ORDERED:
1.

Plaintiff Casey D. Beck’s Application for Attorney Fees Under the Equal
Justice Act (Filing No. 29) is granted;

2.

Attorney’s fees in the amount of $4,776.91 are payable to the Plaintiff; and

3.

Defendant Carolyn Colvin will submit to Plaintiff’s counsel of record a
check made payable to Plaintiff in the amount of $4,776.91, less any debt
owed by Plaintiff to the United States offset against such fees.

Dated this 5th day of February, 2016.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

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