Romany v. Commissioner of Social Security
Filing
19
ORDER signed by Judge J.P. Stadtmueller on 7/11/2017 ADOPTING 18 Parties' Stipulation for an Award of Attorney's Fees. Award of $3,472.92 to be paid by Defendant in full satisfaction and settlement of any and all claims Plaintiff may have in this matter under the EAJA. See Order for further details. (cc: all counsel)(jm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JESSICA ROMANY,
v.
Plaintiff,
Case No. 16-CV-1719-JPS
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration
ORDER
Defendant.
On April 14, 2017, the Court remanded this case to the Social Security
Administration pursuant to the parties’ stipulation. (Docket #15, #16, and
#17). On July 6, 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 #18). 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 (Docket #18) be and the same is hereby ADOPTED; an
award of attorney fees in the sum of $3,472.92 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 preexisting debts that the litigant owes the United States under Astrue v. Ratliff,
560 U.S. 586 (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 preexisting 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 11th day of July, 2017.
BY THE COURT:
____________________________________
J. P. Stadtmueller
U.S. District Judge
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