Rivera v. Colvin

Filing 29

ORDER signed by Judge Lynn Adelman on 2/20/15 granting 25 Motion for Attorney Fees. (cc: all counsel) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
_____________________________________________________________________________
JOHNNY RIVERA,
Plaintiff,

Case No. 14-CV-414

v.
CAROLYN W. COLVIN,
Acting Commissioner, Social Security Administration,
Defendant.
_____________________________________________________________________________
ORDER GRANTING ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT (EAJA), 28 U.S.C. § 2412
_____________________________________________________________________________
Based upon 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 in the amount of $5,800 shall
be paid by Defendant in full satisfaction and settlement of any and all claims Plaintiff may have
in this matter pursuant to the Equal Access to Justice Act. 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 91 (2010).
If counsel for the parties verify Plaintiff owes no pre-existing debt subject to offset, the
Defendant shall direct that the award be made payable to Plaintiff's attorney pursuant to the
EAJA assignment duly 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 Plaintiff and mailed to the business
address of Plaintiff's attorney.
SO ORDERED this 20th day of February, 2015.
BY THE COURT:
s/ Lynn Adelman
____________________________
HONORABLE LYNN ADELMAN
United States District Judge