Allen v. Commissioner of Social Security

Filing 15

ORDER signed by Judge J.P. Stadtmueller on 3/1/2018 ADOPTING 14 Parties' Stipulation for Attorney Fees and Costs. An award of $7,500.00 in attorney's fees and $400.00 in costs 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
CLINTON ALLEN,
Plaintiff,

v.

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

Case No. 17-CV-765-JPS

ORDER

Defendant.
On November 30, 2017, the Court remanded this case to the Social
Security Administration in light of Plaintiff’s unopposed request for relief.
(Docket #11, #12, and #13). On February 28, 2018, the parties filed a
stipulation agreeing that Plaintiff should receive an award of attorney’s fees
and costs, pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C.
§ 2412. (Docket #14). 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 #14) be and the same is hereby
ADOPTED; an award of attorney’s fees in the sum of $7,500.00 and costs in
the sum of $400.00 shall be paid by Defendant in full satisfaction and
settlement of any and all claims 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, 560 U.S. 586 (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 1st day of March, 2018.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

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