Filed: Apr. 29, 2014
Latest Update: Apr. 29, 2014
Summary: STIPULATION AS TO ATTORNEY'S FEES KENNETH P. NEIMAN, Magistrate Judge. Now come the parties, by and through undersigned counsel, and pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412, hereby stipulate and agree to a lump sum payment of said fees in the amount of $5,141.17. The plaintiff waives any claim for costs. Pursuant to an assignment agreement, the plaintiff has requested that these EAJA fees be paid directly to her attorney, Tricia M. Jacobs. The United States Supreme Cour
Summary: STIPULATION AS TO ATTORNEY'S FEES KENNETH P. NEIMAN, Magistrate Judge. Now come the parties, by and through undersigned counsel, and pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412, hereby stipulate and agree to a lump sum payment of said fees in the amount of $5,141.17. The plaintiff waives any claim for costs. Pursuant to an assignment agreement, the plaintiff has requested that these EAJA fees be paid directly to her attorney, Tricia M. Jacobs. The United States Supreme Court..
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STIPULATION AS TO ATTORNEY'S FEES
KENNETH P. NEIMAN, Magistrate Judge.
Now come the parties, by and through undersigned counsel, and pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, hereby stipulate and agree to a lump sum payment of said fees in the amount of $5,141.17. The plaintiff waives any claim for costs.
Pursuant to an assignment agreement, the plaintiff has requested that these EAJA fees be paid directly to her attorney, Tricia M. Jacobs. The United States Supreme Court recently held that EAJA fees are payable to the prevailing party, not the prevailing party's attorney. See Astrue v. Ratliff, 130 S.Ct. 2521 (2010). Additionally, the Supreme Court held that such fees are subject to offset, under the Treasury Offset Program, to satisfy any preexisting debt that the prevailing party might owe to the federal government. Id. As a convenience to Attorney Jacobs, the Commissioner will accept the EAJA fee assignment in this case and pay the fees directly to Attorney Jacobs if the defendant determines, at the time of approval of this Stipulation, that the plaintiff owes no debt to the federal government that would require offset of those fees.
THE FOREGOING STIPULATION IS HEREBY APPROVED THIS 29th DAY OF April, 2014. SO ORDERED.
