Huebner v. Commissioner of Social Security

Filing 15

ORDER signed by Judge J.P. Stadtmueller on 2/22/2017 ADOPTING 14 Parties' Stipulation for Award of Attorney Fees and Costs. An award of $4,900.00 in attorney fees and $400.00 in costs to be paid by defendant in full satisfaction and settlement of any and all claims plaintiff may have in this matter pursuant to the EAJA. See Order for further details. (cc: all counsel)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
REGINA ANNA HUEBNER,
Plaintiff,
v.

Case No. 16-CV-458-JPS

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

ORDER
Defendant.
On December 7, 2016, the Court remanded this case to the
Commissioner of Social Security, pursuant to the defendant’s motion.
(Docket #11, #12, and #13). On February 21, 2017, the parties filed a
stipulation agreeing that the plaintiff should receive an award of attorney
fees, pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412.
(Docket #14). Pursuant to that stipulation, and because the Court finds that
the fees incurred are both reasonable and necessary and qualify under the
EAJA,
IT IS HEREBY ORDERED that the parties’ stipulation for an award
of attorney’s fees and costs (Docket #14) be and the same is hereby
ADOPTED; an award of attorney fees in the sum of $4,900.00 and an award
of costs in the sum of $400.00 shall be paid, separately, by the defendant in
full satisfaction and settlement of any and all claims the plaintiff may have in
this matter pursuant to the EAJA. These fees are awarded to the plaintiff and
not the 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 the plaintiff owes no pre-existing
debt subject to offset, then the defendant shall direct that the award be made

payable to the plaintiff’s attorney pursuant to the EAJA assignment signed
by the plaintiff and counsel. If the 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 the plaintiff’s attorney.
Dated at Milwaukee, Wisconsin, this 22nd day of February, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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