Blommel, David v. Colvin, Carolyn

Filing 23

ORDER granting 20 Motion for Attorney Fees under the EAJA. Plaintiff David A. Blommel awarded attorney fees in the amount of $3,105.30 Signed by District Judge James D. Peterson on 10/23/2015. (arw)

OKIN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

DAVID A. BLOMMEL,
ORDER
Plaintiff,
v.

14-cv-518-jdp

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

Plaintiff David A. Blommel, through his attorney Curtiss Lein, moves the court for an
order awarding attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412.
Dkt. 20. Mr. Lein seeks $3,111.30, in full satisfaction of any claim for fees and costs in this
case. The Commissioner does not oppose the motion, provided that the court corrects an
arithmetic error in Mr. Lein’s submissions,1 and the parties agree that the court may assign the
award to Mr. Lein. Dkt. 22.
EAJA fees belong to plaintiff as the prevailing party, not to his attorney. See Astrue v.
Ratliff, 560 U.S. 586 (2010). Accordingly, the EAJA award is subject to offset, to satisfy any preexisting debt that plaintiff may owe the United States. Id. Provided that the award is offset to
satisfy any pre-existing debt, the prevailing party may assign the fee award directly to his
attorney. See Mathews-Sheets v. Astrue, 653 F.3d 560, 565 (7th Cir. 2011), overruled on other
grounds by Sprinkle v. Colvin, 777 F.3d 421 (7th Cir. 2015).
After entry of this order, if counsel for the parties can verify that plaintiff owes no preexisting debt subject to offset, then the Commissioner will direct that $3,105.30 be paid to Mr.
Lein pursuant to the EAJA assignment signed by plaintiff and his counsel. Dkt. 21.

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Although Mr. Lein requests an award of $3,111.30 in his motion, the attached affidavits
correctly calculate fees to be $3,105.30. Dkt. 20.

ORDER
IT IS ORDERED that plaintiff David A. Blommel’s motion for attorney fees in the
amount of $3,105.30, Dkt. 20, is GRANTED.
Entered October 23, 2015.
BY THE COURT:
/s/
____________________________________
JAMES D. PETERSON
District Judge

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