Zdeb v. Berryhill

Filing 14

ORDER signed by Judge J.P. Stadtmueller on 8/9/2017 ADOPTING 13 Parties' Stipulation for Award of Attorney's Fees and Costs. Award of $731.93 in attorney's fees and costs of $400.00 to be paid by Defendant in full satisfaction and settlement of any and all claims plaintiff may have in this matter pursuant to EAJA. See Order for further details. (cc: all counsel)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
LOIS A. ZDEB,
Plaintiff,
v.

Case No. 17-CV-241-JPS

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

ORDER

Defendant.
On July 25, 2017, the Court remanded this case to the Commissioner
of Social Security, pursuant to the parties’ stipulation. (Docket #10, #11, and
#12). On August 4, 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 #13). 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 #13) be and the same is hereby
ADOPTED; an award of attorney fees in the sum of $731.93 and costs in the
sum of $400.00 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 9th day of August, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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