King, Tammy v. Berryhill, Nancy

Filing 18

ORDER granting 14 Motion for Attorney Fees under the EAJA. Plaintiff Tammy King awarded attorney fees in the amount of $5,338.87 under the Equal Access to Justice Act, 28 U.S.C. 2412. Signed by District Judge William M. Conley on 11/28/2017. (arw)

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

TAMMY KING,
Plaintiff,

ORDER

v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

17-cvB178-wmc

Defendant.

On August 14, 2017, the court issued an order remanding this case to the
commissioner for further proceedings under sentence four of 42 U.S.C. ' 405(g) pursuant
to joint stipulation of the parties.

Judgment was also entered on August 14, 2017. 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 $5,338.87 and expenses in the amount
of $17.67. (Dkt. #14.) While the Commissioner does not object to the requested fees,
she does object to the requested costs on the basis that the EAJA does not permit this
award. (Dkt. #17.) Plaintiff, however, has indicated that she will accept the requested
fees without costs.
ORDER
IT IS ORDERED that plaintiff’s motion for an award of attorney fees and expenses
under the Equal Access to Justice Act is GRANTED. Plaintiff is awarded fees in the
amount of $5,338.87 and costs in the amount of $0. These fees are awarded to plaintiff

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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 28th day of November, 2017.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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