Arvai v. Berryhill
Filing
20
ORDER signed by Judge J.P. Stadtmueller on 8/29/2017 ADOPTING 19 Parties' Stipulation for Award of Attorney's Fees. An award of $1,154.61 in attorney's fees and expenses 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
MARY A. ARVAI,
Plaintiff,
v.
Case No. 17-CV-351-JPS
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
ORDER
Defendant.
On June 27, 2017, the Court remanded this case to the Commissioner
of Social Security, pursuant to the parties’ stipulation. (Docket #12, #13, and
#14). On August 26, 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 #19). 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 expenses (Docket #19) be and the same is hereby
ADOPTED; an award of attorney fees and expenses in the sum of $1,154.61
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 29th day of August, 2017.
BY THE COURT:
J.P. Stadtmueller
U.S. District Judge
Page 2 of 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?