Miller v. Berryhill

Filing 33

ORDER (memorandum filed previously as separate docket entry) granting 30 MOTION for Attorney Fees Under Equal Access to Justice Act filed by Jean Yvonne Miller. See order for further details. Signed by Honorable Jennifer P. Wilson on 4/22/2020. (ve)

Case 3:17-cv-01452-JPW Document 33 Filed 04/22/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JEAN YVONNE MILLER,
Plaintiff,
v.
ANDREW SAUL, 1
Defendant.

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Civil No. 3:17-CV-01452

Judge Jennifer P. Wilson

ORDER
AND NOW, on this 22nd day of April, 2020, for the reasons set forth
in the accompanying memorandum, IT IS ORDERED THAT:
1. The Plaintiff’s motion for attorney’s fees is GRANTED. (Doc. 30.)
2. Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, Plaintiff
is awarded attorney's fees in the amount of $10,803.08. Defendant is
directed to pay that amount to Plaintiff, Jean Yvonne Miller, subject to
any Treasury Offset Program, 31 U.S.C. §§ 3711, 3716.
3. The Commissioner shall determine after the entry of this order whether
Plaintiff owes a debt to the Government that is subject to 31 U.S.C. §§
3711, 3716. If Plaintiff does owe a debt to the Government, her EAJA
fee will be applied toward such debt pursuant to the Treasury Offset
Program, see Astrue v. Ratliff, 560 U.S. 586, 589–91 (2010), and the
Commissioner shall notify the Treasury Department that, if any funds
remain after the EAJA award is applied to her debt, the Treasury
Department should issue a check for the remaining funds made payable
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At the time this case was filed, the acting Commissioner of Social Security was Nancy A.
Berryhill, and thus, Plaintiff named her as the Defendant. Andrew M. Saul became the
Commissioner of Social Security on June 17, 2019. See OFFICIAL SOCIAL SECURITY WEBSITE
https://www.ssa.gov/agency/commissioner.html (last accessed April 22, 2020). Pursuant to Rule
25(d) of the Federal Rules of Civil Procedure, as the new Commissioner of Social Security,
Andrew M. Saul is automatically substituted for the original defendant. FED. R. CIV. P. 25(d).

Case 3:17-cv-01452-JPW Document 33 Filed 04/22/20 Page 2 of 2

to Plaintiff and mail that check to Plaintiff’s counsel at the following
address:
Kenneth R. Hiller, Esq.
Law Offices of Kenneth Hiller PLLC
6000 North Bailey Avenue, Ste. 1A
Amherst, New York 14226
4. Notwithstanding instructions in the preceding paragraphs to pay the
EAJA award to Plaintiff, if the Treasury Department determines that
Plaintiff does not owe a federal debt subject to setoff, the
Commissioner will honor Plaintiff’s assignment of EAJA fees and will
pay the awarded fees directly to Plaintiff’s counsel, Kenneth R. Hiller,
Esq.

s/Jennifer P. Wilson
JENNIFER P. WILSON
United States District Court Judge
Middle District of Pennsylvania

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