Kumbalek v. Berryhill

Filing 21

ORDER signed by Judge Pamela Pepper on 10/12/2018 GRANTING 20 Agreed Motion for Attorney Fees. Defendant to pay plaintiff an award of $5,531,75 in attorney fees and $400.00 in costs in full satisfaction and settlement of any and all claims plaintiff may have in this case under the EAJA. (cc: all counsel) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
CATHLEEN A. KUMBALEK,
Plaintiff,
v.

Case No. 18-cv-177-pp

NANCY A. BERRYHILL,
Defendant.
ORDER APPROVING AGREED MOTION FOR AWARD UNDER THE EQUAL
ACCESS TO JUSTICE ACT (DKT. NO. 20)
On October 11, 2018, the parties filed an agreed motion, asking the
court to enter an order awarding attorneys’ fees, expenses and costs. Dkt. No.
20.
The court GRANTS the agreed motion for award under the EAJA. Dkt.
No. 20. The court ORDERS that the defendant shall pay to the plaintiff an
award of attorneys’ fees in the amount of $5,531.75 and costs in the amount
of $400.00 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
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the plaintiff’s attorney, pursuant to the EAJA assignment duly signed by the
plaintiff and counsel.
Dated in Milwaukee, Wisconsin this 12th day of October, 2018.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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