Bester v. Colvin

Filing 26

ORDER signed by Judge J.P. Stadtmueller on 6/14/2017 ADOPTING 25 Parties' Amended Stipulation for Award of Attorney's Fees and Costs. Award of $10,533.12 to be paid by Defendant in full satisfaction and settlement of any and all claims Plaintiff may have under the EAJA. See Order for further details. (cc: all counsel)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
THERESA BESTER,

v.

Plaintiff,

Case No. 14-CV-413-JPS-JPS

NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,

ORDER

Defendant.
On May 12, 2017, the Court entered judgment affirming Defendant’s
decision to grant Plaintiff’s application for benefits. (Docket #22 and #23).
On June 9, 2017, the parties filed an amended stipulation agreeing that
Plaintiff should receive an award of attorney fees, pursuant to the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Docket #25). Pursuant to
that amended stipulation, and because the Court finds that the fees incurred
are both reasonable and necessary and qualify under the EAJA,
IT IS ORDERED that the parties’ amended stipulation for an award
of attorney’s fees (Docket #25) be and the same is hereby ADOPTED; an
award of attorney fees in the sum of $10,533.12 shall be paid by Defendant
in full satisfaction and settlement of any and all claims Plaintiff may have
in this matter pursuant to the EAJA. 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
(2010). If counsel for the parties verify that Plaintiff owes no pre-existing
debt subject to offset, then Defendant shall direct that the award be made
payable to Plaintiff’s attorney pursuant to the EAJA assignment signed by

Plaintiff and counsel. If Plaintiff owes a pre-existing debt subject to offset in
an amount less than the EAJA award, the Social Security Administration
will instruct the U.S. Department of Treasury that any check for the
remainder after offset will be made payable to the plaintiff and mailed to
the business address of Plaintiff’s attorney.
Dated at Milwaukee, Wisconsin, this 14th day of June, 2017.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

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