Byrne v. Colvin

Filing 28

ORDER signed by Judge J.P. Stadtmueller on 8/31/2017 ADOPTING 27 Parties' Stipulation for Award of Attorney's Fees and Costs. An award of $5,888.80 in attorney's 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
STUART A. BYRNE,

v.

Plaintiff,

Case No. 16-CV-1380-JPS

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

ORDER

Defendant.
On May 30, 2017, the Court remanded this case to the Social Security
Administration pursuant to Defendant’s motion. (Docket #20, #21, and #22).
On August 28, 2017, the parties filed a stipulation agreeing that Plaintiff
should receive an award of attorney’s fees and costs, pursuant to the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Docket #27). 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 ORDERED that the parties’ stipulation for an award of
attorney’s fees and costs (Docket #27) be and the same is hereby
ADOPTED; an award of attorney’s fees in the sum of $5,888.80 shall be paid
by Defendant in full satisfaction and settlement of any and all claims
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, 560 U.S. 586 (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 31st day of August, 2017.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

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