Schuenke v. Colvin

Filing 16

ORDER signed by Judge J.P. Stadtmueller on 5/1/2017 ADOPTING 15 Parties' Stipulation for an Award of Attorney's Fees and Costs. Award of $1,782.38 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 SCHUENKE,
Plaintiff,
v.

Case No. 16-CV-1569-JPS

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

ORDER
Defendant.
On March 30, 2017, the Court remanded this case to the Commissioner
of Social Security, pursuant to the parties’ stipulation. (Docket #12, #13, and
#14). On April 29, 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 #15). 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 #15) be and the same is hereby
ADOPTED; an award of attorney fees in the sum of $1,782.38 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 1st day of May, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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