Daniel E. S. v. Saul
- Michael Davis
- 0:18-cv-03069
- U.S. District Court · District of Minnesota
- 1
In Daniel E. S. v. Saul, Judge Davis granted counsel’s Equal Access to Justice Act fee motion and awarded $3,675, payable to Daniel E. S. subject to offset.
Daniel E. S. receives the fee award as the litigant, subject to any qualifying offset for debts owed to the United States; the order also addresses his counsel’s fee motion.
What happened
Daniel E. S. v. Saul involved a request for attorney fees under the Equal Access to Justice Act, a federal law allowing certain fee awards against the government.
The court considered a magistrate judge’s report and recommendation, the case record, and the absence of objections. The order does not decide the underlying Social Security dispute.
Judge Michael J. Davis granted the fee motion and awarded $3,675 for reasonable attorney fees. The award is payable to Daniel E. S. as the litigant and may be reduced to satisfy qualifying pre-existing debts owed to the United States.
The detailed version
- Daniel E. S. v. Saul · No. 0:18-cv-03069
- Michael Davis
- June 25, 2020
Background
Plaintiff’s counsel filed a motion for attorney fees under the Equal Access to Justice Act (EAJA). The order is based on the Report and Recommendation issued by United States Magistrate Judge Elizabeth Cowan Wright on June 1, 2020, the case files and records, and the fact that no objections were filed.
Ruling
The court granted Plaintiff’s Counsel’s Motion for Attorney Fees Under the Equal Access to Justice Act and awarded Plaintiff $3,675 for reasonable attorney fees under the EAJA.
The award is payable to Daniel E. S. as the litigant. Under the EAJA and Astrue v. Ratliff, 560 U.S. 586 (2010), the award is subject to offset to satisfy any pre-existing debts Daniel E. S. may owe to the United States.
Effect of the Order
This order resolves the attorney-fee request. It does not state or decide the merits of the underlying Social Security case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.