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D. Minn.Procedural orderFiled July 10, 2024

Don J.R. v. O'Malley

Judge
Dulce Foster
Docket
0:23-cv-03221
Court
U.S. District Court · District of Minnesota
Pages
2
Social SecurityFee Petition
In one sentence

In Don J.R. v. O’Malley, Judge Foster granted an agreed fee motion, awarding $7,400 in attorney fees and $402 in costs under the Equal Access to Justice Act.

Who this affects

Don J.R., his attorney Karl E. Osterhout, and the Government are affected. The order directs payment of $7,400 in attorney fees and $402 in costs, subject to a possible offset for certain debts owed to the United States.

What happened

In Don J.R. v. O’Malley, the parties agreed that the court should award fees and costs under the Equal Access to Justice Act.

The court ordered the Government to pay $7,400 in attorney fees and $402 in costs. The fees may be reduced to pay certain existing debts owed to the United States.

Judge Dulce J. Foster granted the unopposed motion. Depending on whether an offset applies and whether the Government waives assignment requirements, payment may be made to Don J.R. or his attorney, Karl E. Osterhout.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Don J.R. v. O'Malley · No. 0:23-cv-03221
Judge
Dulce J. Foster
Date
July 10, 2024

Background

The court considered Don J.R.’s unopposed motion for attorney fees under the Equal Access to Justice Act. The parties agreed that the court should award $7,400 in attorney fees and $402 in costs.

Ruling

Based on the parties’ agreement, the court granted the motion. It ordered the Government to pay $7,400 in attorney fees and $402 in costs.

Under the court’s order, the fees may be offset to satisfy a preexisting debt Don J.R. may owe the United States. If the Commissioner determines that no debt subject to the Treasury Offset Program exists and agrees to waive the Anti-Assignment Act’s requirements, the fees will be payable to Don J.R.’s attorney, Karl E. Osterhout. If such a debt exists and the requirements are not waived, any remaining fees after the offset will be paid by a check made out to Don J.R. Any payment check must be delivered to his attorney.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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