Bolter v. Berryhill
Filing
16
ORDER signed by Judge J.P. Stadtmueller on 6/6/2017 ADOPTING 15 Parties' Stipulation for Award of Attorney's Fees and Costs. Award of $1,764.00 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
SHARON BOLTER,
v.
Plaintiff,
Case No. 17-CV-253-JPS
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
ORDER
Defendant.
On May 12, 2017, the Court remanded this case to the Commissioner
of Social Security, pursuant to the parties’ stipulation. (Docket #12, #13, and
#14). On June 5, 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 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 $1,764.00 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 6th day of June, 2017.
BY THE COURT:
____________________________________
J. P. Stadtmueller
U.S. District Judge
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