Adams, Danny v. Berryhill, Nancy
ORDER granting 18 Motion for Attorney Fees under the EAJA. Plaintiff awarded attorney fees in the amount of $6,928.64. Signed by District Judge William M. Conley on 12/4/2017. (kwf)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
On October 19, 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 October 19, 2017.
Now before the court is the parties’ stipulation for an award of attorney=s fees under the
Equal Access to Justice Act, 28 U.S.C. ' 2412 in the amount of $6,928.64 and expenses in
the amount of $0. (Dkt. #18.)
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 and costs in
the amount of $6,928.64. 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 4th day of December, 2017.
BY THE COURT:
WILLIAM M. CONLEY
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