Berg, Christopher v. Colvin, Carolyn
JUDGMENT in favor of Christopher Berg against Carolyn W. Colvin awarding plaintiff attorney fees under the Equal Access to Justice Act, 28 U.S.C. 2412. (voc)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
On August 22, 2016, the court issued an order remanding this case to the
commissioner for further proceedings pursuant to sentence four of 42 U.S.C. ' 405(g)
pursuant to joint stipulation of the parties.
Judgment was also entered on August 22,
2016. Now before the court is plaintiff’s motion for an award of attorney=s fees under
the Equal Access to Justice Act, 28 U.S.C. ' 2412 in the amount of $3,891.58 and costs
in the amount of $0. (Dkt. #13.) Defendant does not object to this motion. (Dkt.
IT IS ORDERED that the joint stipulation for an award of attorney fees and
expenses under the Equal Access to Justice Act is GRANTED. Plaintiff is awarded fees
and costs in the amount of $3,891.58.
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, 130 S.Ct. 2521, 177 L. Ed. 2d 91 (2010).
If counsel for the parties verify plaintiff owes no pre-existing debt subject to offset,
the defendant shall direct that the award be made payable to plaintiff’s attorney pursuant
to the EAJA assignment duly 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.
Entered this 13th day of October, 2016.
BY THE COURT:
William M. Conley
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