Koehnke v. Colvin

Filing 17

ORDER signed by Judge J.P. Stadtmueller on 3/8/2017 ADOPTING 16 Parties' Stipulation for an Award of Attorney Fees and Costs. An award of $2,147.30 in attorney fees 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 KOEHNKE,
Plaintiff,
v.

Case No. 16-CV-1030-JPS

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

ORDER
Defendant.
On December 13, 2016, the Court remanded this case to the
Commissioner of Social Security, pursuant to the defendant’s motion.
(Docket #13, #14, and #15). On March 7, 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 #16).
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 #16) be and the same is hereby
ADOPTED; an award of attorney fees in the sum of $2,147.30 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 8th day of March, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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