Ruprecht, Michelle v. Berryhill, Nancy

Filing 18

ORDER granting 15 Motion for Attorney Fees under the EAJA. Plaintiff awarded attorney fees in the amount of $5,390.81. Signed by District Judge James D. Peterson on 11/15/2018. (voc)

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

MICHELLE RUPRECHT,
Plaintiff,

ORDER

v.
18-cv-2-jdp
NANCY BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

Plaintiff Michelle Ruprecht has filed a motion for attorney fees under the Equal Access to
Justice Act, 28 U.S.C. § 2412, in the amount of $5,390.81 in full satisfaction of any claim for fees
and costs in this case. Defendant Nancy Berryhill, Commissioner of the Social Security
Administration, does not oppose Ruprecht’s counsel’s request. Accordingly, I am granting
counsel’s motion.
EAJA fees belong to Ruprecht as the prevailing party, not to her attorney. Astrue v. Ratliff,
560 U.S. 586 (2010). Accordingly, the EAJA award is subject to offset, to satisfy any pre-existing
debt that plaintiff may owe the United States. Id. So long as the award is offset to satisfy any preexisting debt, the prevailing party may assign the fee award directly to his attorney. 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 Ruprecht owes no preexisting debt subject to offset, then the Commissioner will direct that $5,390.81 be paid to Curtiss
Lein, pursuant to the EAJA assignment signed by plaintiff and her counsel. Dkt. 17.

ORDER
IT IS ORDERED that plaintiff Michelle Ruprecht is awarded attorney fees and costs in
the amount of $5,390.81. This amount is to be made payable to Ruprecht’s attorney, Curtiss
Lein, contingent upon payment of money owed to the United States.
Entered: November 15, 2018.
BY THE COURT:
/s/
_______________________________________
JAMES D. PETERSON
District Judge

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