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D. Minn.Procedural orderFiled Oct. 31, 2023

Braunschweig v. Kijakazi

Judge
Dulce Foster
Docket
0:22-cv-01539
Court
U.S. District Court · District of Minnesota
Pages
1
Fee PetitionCivil Procedure
In one sentence

In Braunschweig v. Kijakazi, Judge Foster granted Braunschweig’s EAJA fee motion and ordered the Government to pay $3,346.50.

Who this affects

Shari Braunschweig receives an award of $3,346.50 in attorneys’ fees from the Government, subject to any applicable offset or use of the award to satisfy a preexisting debt she may owe the United States.

What happened

In Braunschweig v. Kijakazi, Shari Braunschweig asked the court to award her attorneys’ fees under the Equal Access to Justice Act.

The Government did not oppose the motion or the requested amount. The court ordered the Government to pay Braunschweig $3,346.50.

Judge Foster also stated that the fees may be reduced or used to satisfy any preexisting debt Braunschweig may owe the United States.

The detailed version

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

Case
Braunschweig v. Kijakazi · No. 0:22-cv-01539
Judge
Dulce J. Foster
Date
Oct. 31, 2023

Background

Shari Braunschweig moved for an award of attorneys’ fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A). She requested $3,346.50. The Government did not oppose the motion or the amount requested.

Ruling

Based on the parties’ agreement, the court granted Braunschweig’s motion for attorney fees and directed the Government to pay her $3,346.50. The court stated that, under Astrue v. Ratliff, the fees may be subject to an offset or may satisfy any preexisting debt Braunschweig owes the United States.

Effect

The order awards Braunschweig $3,346.50 in fees, subject to any applicable offset or satisfaction of a preexisting debt to the United States.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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