Wadusky v. Berryhill

Filing 26

ORDER signed by Chief Judge Pamela Pepper on 8/26/2020 GRANTING 25 Joint MOTION for Attorney Fees. Defendant to pay plaintiff award of $8,200 in attorney fees and $400 in costs in full satisfaction and settlement of any and all claims plaintiff may have under EAJA. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

PEGGY A. WADUSKY,
Plaintiff,
Case No. 17-cv-1214-pp
v.
ANDREW M. SAUL,
Defendant.

ORDER GRANTING STIPULATED MOTION FOR AWARD UNDER THE
EQUAL ACCESS TO JUSTICE ACT (DKT. NO. 25)

On August 25, 2020, the parties filed stipulated motion for an award of
attorney fees, asking the court to enter an order awarding attorneys’ fees and
costs under the Equal Access to Justice Act. Dkt. No. 25.
The court GRANTS the motion for award under the EAJA. Dkt. No. 25.
The court ORDERS that the defendant shall pay to the plaintiff an award of
attorneys’ fees in the amount of $8,200 and costs in the amount of $400 in
full satisfaction and settlement of any and all claims the plaintiff may have in
this case under the EAJA. The court awards these fees and costs to the
plaintiff, not the plaintiff’s attorney, and under Astrue v. Ratliff, 560 U.S. 586
(2010), the United States may offset the award to satisfy pre-existing debts that
the litigant owes the United States.
If counsel for the parties verify that the plaintiff owes no pre-existing debt
subject to offset, the defendant shall direct that the award be made payable to
1
Case 2:17-cv-01214-PP Filed 08/26/20 Page 1 of 2 Document 26

the plaintiff’s attorney, pursuant to the EAJA assignment duly signed by the
plaintiff and counsel.
Dated in Milwaukee, Wisconsin this 26th day of August, 2020.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
Chief United States District Judge

2
Case 2:17-cv-01214-PP Filed 08/26/20 Page 2 of 2 Document 26