Kennedy v. Berryhill

Filing 31

ORDER TERMINATING as MOOT 28 Plaintiff's Motion for Attorney Fees, filed by William J Kennedy, and APPROVING 30 Stipulation for Attorney Fees, filed by Nancy A Berryhill, signed by Chief Judge William C Griesbach on 06/11/2019. (cc: all counsel)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
WILLIAM J. KENNEDY,
Plaintiff,
v.

Case No. 17-C-1630

NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
ORDER APPROVING STIPULATION AWARDING ATTORNEY’S FEES
Based upon the foregoing Stipulation and the Court’s finding that the fees incurred are both
reasonable and necessary and qualify under the EAJA,
IT IS HEREBY ORDERED that an award of attorney fees of $11,658.30 and costs in the
amount of $0.00, shall be paid by Defendant in full satisfaction and settlement of any and all claims
Plaintiff may have under the EAJA in the above case. The award of attorney fees will satisfy all
of Plaintiff’s claims for fees, costs, and expenses under 28 U.S.C. § 2412 in this case. These fees
are awarded to Plaintiff and not Plaintiff’s attorney and can be offset to satisfy pre-existing debts
that the litigant owes the United States under Astrue v. Ratliff, 130 S. Ct. 2521, 177 L. Ed 2d 9
(2010). If Defendant can verify that Plaintiff owes no pre-existing debt subject to offset, the
Defendant shall direct that the award be made payable to Plaintiff’s attorney.
If Plaintiff owes a pre-existing debt subject to offset in an amount less than the EAJA
award, Defendant will instruct the U.S. Department of Treasury that any check for the remainder
after offset be made payable to Plaintiff and mailed to the business address of Plaintiff’s attorney.
Dated at Green Bay, Wisconsin, this 11th day of June 2019.
BY THE COURT:
s/ William C. Griesbach
WILLIAM C. GRIESBACH, Chief Judge
United States District Court