Ornelas v. Colvin

Filing 18

ORDER signed by Judge J.P. Stadtmueller on 5/5/2017 ADOPTING 17 Parties' Stipulation for an Award of Attorney's Fees. An award of $1,157.63 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
HILARIA ORNELAS,
Plaintiff,
v.

Case No. 16-CV-1631-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 #10, #11, and
#12). On May 3, 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 #17). 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 (Docket #17) be and the same is hereby ADOPTED; an
award of attorney fees in the sum of $1,157.63 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 5th day of May, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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