Hurley v. Colvin

Filing 24

ORDER signed by Judge Pamela Pepper on 11/27/2017. 22 Plaintiff's MOTION for attorney fees DENIED as moot. 23 Stipulation for attorney fees APPROVED; defendant to pay plaintiff an award of attorney fees in the amount of $9,153.08 in full satisfaction and settlement of any and all claims plaintiff may have in this case under the EAJA. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

TAMMY R. HURLEY,
Plaintiff,
v.

Case No. 15-cv-1539-pp

NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
ORDER DENYING AS MOOT THE PLAINTIFF’S MOTION FOR ATTORNEY’S
FEES (DKT. NO. 22) AND APPROVING THE STIPULATION FOR
ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT, 28
U.S.C. §2412 (DKT. NO. 23)

On October 25, 2017, the plaintiff filed a motion for attorney’s fees under
the Equal Access to Justice Act, 28 U.S.C. §2412. Dkt. No. 22. The defendant
did not respond to that motion; instead, the parties filed a stipulation, asking
the court to enter an order awarding attorney fees under the Equal Access to
Justice Act. Dkt. No. 23. They indicate that the stipulation “obviates the motion
for attorney fees at Docket No. 22.” Dkt. No. 23 at 1, fn. 1.
The court DENIES AS MOOT the plaintiff’s motion for attorney fees. Dkt.
No. 22. The court APPROVES the November 13, 2017 stipulation, dkt. no. 23,
and ORDERS that the defendant shall pay to the plaintiff an award of
attorney’s fees in the amount $9,153.08, in full satisfaction and settlement of
any and all claims the plaintiff may have in this case under the Equal Access to
Justice Act. The court awards these fees and costs to the plaintiff, not the
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plaintiff’s attorney, and under Astrue v. Ratliff, 560 U.S. 586 (2010), the United
States can offset the award to satisfy pre-existing debts that the litigant owes
the United States.
If counsel for the parties verify that the plaintiff owes no pre-existing debt
subject to offset, the defendant shall direct that the award be made payable to
the plaintiff’s attorney, under the Equal Access to Justice Act assignment duly
signed by the plaintiff and counsel.
Dated in Milwaukee, Wisconsin this 27th day of November, 2017.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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