Johnson, Christopher v. Berryhill, Nancy
Filing
20
ORDER granting 16 Motion for Attorney Fees under the EAJA. Plaintiff awarded attorney fees of $5,016.06 and costs of $400. Signed by District Judge William M. Conley on 11/14/2018. (kwf)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
CHRISTOPHER T. JOHNSON,
Plaintiff,
ORDER
v.
18-cvB310-wmc
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
On October 10, 2018, 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 October 10,
2018. Now before the court is the 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 $5,016.06 and
expenses in the amount of $400.00. (Dkt. #16.) Defendant has no objection. (Dkt.
#19.)
ORDER
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 of
$5,016.06 and costs of $400.00. 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).
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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 14th day of November, 2018.
BY THE COURT:
/s/
__________________________________
William M. Conley
District Judge
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