Chelsea I. B. v. Saul
- Eric Tostrud
- 0:18-cv-02874
- U.S. District Court · District of Minnesota
- 2
In Chelsea I. B. v. Saul, Judge Tostrud accepted the recommendation and granted Chelsea I. B. $7,242 in fees and $500 in costs.
Chelsea I. B. received an award of $7,242.00 in attorney fees and $500.00 in costs, but the award is subject to an offset for any preexisting debts she may owe the United States.
What happened
Chelsea I. B. asked for attorney fees under the Equal Access to Justice Act in her case against Andrew Saul, Commissioner of Social Security. A magistrate judge recommended granting the request.
The Commissioner did not object to the recommendation. The court found no clear error, accepted the recommendation, and granted Chelsea I. B. $7,242 in attorney fees and $500 in costs.
Judge Eric C. Tostrud ordered that the award be paid to Chelsea I. B. as the litigant, subject to an offset for any preexisting debts she may owe the United States.
The detailed version
- Chelsea I. B. v. Saul · No. 0:18-cv-02874
- Eric Tostrud
- Aug. 18, 2020
Background
Chelsea I. B. filed a motion for attorney fees under the Equal Access to Justice Act (EAJA). Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation on July 29, 2020, recommending action on the fee request. The Commissioner filed a response stating that there were no objections.
Court’s review
Because there were no objections, the court reviewed the Report and Recommendation for clear error. The court found no clear error based on the case files, records, and proceedings.
Ruling
The court accepted the Report and Recommendation. It granted Chelsea I. B.’s motion for attorney fees under the EAJA and awarded her $7,242.00 in reasonable attorney fees and $500.00 in costs from the Judgment Fund. The award and costs are payable to Chelsea I. B. as the litigant and are subject to an offset to satisfy any preexisting debts she may owe to the United States. Judge Eric C. Tostrud signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.