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Valentin v. Berryhill, 18-CV-440. (2019)

Court: District Court, E.D. Wisconsin Number: infdco20190111g19 Visitors: 11
Filed: Jan. 07, 2019
Latest Update: Jan. 07, 2019
Summary: ORDER NANCY JOSEPH , Magistrate Judge . Bernice Valentin sought judicial review of the denial of her claim for social security disability insurance benefits under the Social Security Act, 42 U.S.C. 405(g). (Docket # 1.) On September 17, 2018, I remanded the case pursuant to a joint motion. (Docket # 18.) Valentin moves for attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. (Docket # 20) The Commissioner does not oppose the motion. (Docket # 21.) NOW, THEREF
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ORDER

Bernice Valentin sought judicial review of the denial of her claim for social security disability insurance benefits under the Social Security Act, 42 U.S.C. § 405(g). (Docket # 1.) On September 17, 2018, I remanded the case pursuant to a joint motion. (Docket # 18.) Valentin moves for attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. (Docket # 20) The Commissioner does not oppose the motion. (Docket # 21.)

NOW, THEREFORE, IT IS HEREBY ORDERED that the plaintiff's motion for attorney's fees under the Equal Access to Justice Act (Docket # 22) is granted in the total amount of $1,789.96.

IT IS FURTHER ORDERED that these fees are awarded to Valentin and not her attorney, and can be offset to satisfy any pre-existing debt that the litigant owes the United States under Astrue v. Ratliff, 130 S.Ct. 2521 (2010). If counsel for the parties can verify that Valentin owes no pre-existing debt subject to offset, Defendant will direct that the award be made payable to Valentin's attorney pursuant to the EAJA assignment duly signed by Valentin and counsel.

Source:  Leagle

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