Kenneth M. v. Commissioner of Social Security

Summary

The United States District Court for the Southern District of Illinois granted Plaintiff’s application for $4,116.14 in attorney fees and expenses under the Equal Access to Justice Act. The order states that the award belongs to Plaintiff, may be offset against qualifying federal debts, and may be paid to counsel pursuant to the plaintiff’s assignment if no offset applies.

Holdings

1. The court granted Plaintiff's application and awarded $4,116.14 in attorney fees and expenses under the Equal Access to Justice Act.
2. The EAJA award belongs to Plaintiff and may be offset to satisfy any pre-existing debt Plaintiff owes the United States; if no qualifying debt exists, the award may be made payable to assigned counsel pursuant to the assignment.

Questions Presented

1. Whether Plaintiff should receive an award of $4,116.14 in attorney fees and expenses under the Equal Access to Justice Act.
2. Whether any EAJA award is payable to Plaintiff, subject to offset for qualifying pre-existing federal debt, with payment to assigned counsel if no offset applies.

Disposition

other