Thom v. Colvin

Filing 21

ORDER Approving Stipulation 20 Granting Attorney Fees Pursuant to the Equal Access to Justice Act signed by Judge Charles N Clevert, Jr on 2/7/17. (cc: all counsel)((kwb), C. N. Clevert, Jr.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
TINA THOM,
Plaintiff,
v.

Case No.: 16-CV-570

NANCY A. BERRYHILL,
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 and costs in the amount of
$4,795.88 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.
Dated at Milwaukee Wisconsin, this 7th day of February, 2017.
BY THE COURT:

s/ C. N. Clevert, Jr.
C. N. Clevert, Jr.
U.S. District Judge