Andujal v. Colvin

Filing 24

ORDER signed by Judge J.P. Stadtmueller on 2/24/2017 ADOPTING 23 Parties' Stipulation for Award of Attorney's Fees and Costs. Award of $2,853.22 to be paid by Defendant in full satisfaction and settlement of any and all claims for fees, costs, and/or expenses under the EAJA. See Order for further details. (cc: all counsel)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
TERRI ANDUJAL,
Plaintiff,
v.

Case No. 16-CV-896-JPS

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

ORDER
Defendant.
On December 20, 2016, the Court remanded this case to the
Commissioner of Social Security, pursuant to the parties’ stipulation. (Docket
#16, #17, and #18). On February 23, 2017, the parties filed a 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 #23).
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 #23) be and the same is hereby
ADOPTED; an award of attorney fees in the sum of $2,853.22 shall be paid
by Defendant in full satisfaction and settlement of any and all claims for fees,
costs, and/or expenses 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 Plaintiff
and mailed to the business address of Plaintiff’s attorney.
Dated at Milwaukee, Wisconsin, this 24th day of February, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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