Arent v. Colvin

Filing 18

ORDER signed by Judge J.P. Stadtmueller on 4/4/2017 GRANTING 14 Plaintiff's Motion for Attorney's Fees and Costs. An award of $2,028.00 in attorney's fees and 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
JENNIFER S. ARENT,
Plaintiff,
v.

Case No. 16-CV-1029-JPS

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

ORDER
Defendant.
On December 8, 2016, the Court remanded this case to the
Commissioner of Social Security, pursuant to the parties’ stipulation. (Docket
#11, #12, and #13). On March 8, 2017, the plaintiff filed a motion for an award
of attorney fees and costs pursuant to the Equal Access to Justice Act
(“EAJA”), 28 U.S.C. § 2412. (Docket #14). On March 31, 2017, the defendant
indicated that she does not oppose the motion. (Docket #17). Pursuant to the
plaintiff’s motion, 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 plaintiff’s motion for an award of
attorney fees and costs (Docket #14) be and the same is hereby GRANTED;
an award of attorney fees and costs in the sum of $2,028.00 shall be paid 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 4th day of April, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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