Stephanie A. Bauer v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Western District of Wisconsin granted the parties’ joint motion for an award of $13,300.56 in attorney fees and expenses under the Equal Access to Justice Act following remand of the Social Security case. The order states that the award is payable to the plaintiff, subject to offset for any qualifying pre-existing federal debt, and may be paid to plaintiff’s counsel if no offset applies and the assignment is effective.

Holdings

1. The court granted the parties' unopposed joint motion and awarded plaintiff $13,300.56 in attorney fees and expenses under the Equal Access to Justice Act.
2. The award is made to plaintiff rather than plaintiff's attorney and may be offset to satisfy any pre-existing debt plaintiff owes the United States; if the government verifies that no offset applies, payment should be made payable to plaintiff's counsel under the plaintiff's EAJA assignment.

Questions Presented

1. Whether the parties' joint motion for an award of $13,300.56 in attorney fees and expenses under the Equal Access to Justice Act should be granted.
2. Whether the EAJA award should be payable to the plaintiff, subject to offset for pre-existing federal debt, and potentially payable directly to counsel if no offset applies.

Disposition

other