Wickstrom v. O'Malley

U.S. District Court, District of Minnesota

Wickstrom v. O'Malley

Trial Court Opinion

                 UNITDEISDT SRTIACTTE OSF D MISITNRNIECSTO CTOAU  RT     


Bridie W.1                            Case No. 24-cv-1582 (DJF)          

               Plaintiff,                                                

v.                                          ORDER                        

Martin O’Malley,                                                         
Commissioner of Social Security,                                         

               Defendant.                                                


    This matter is before the Court on Plaintiff’s Motion for Attorney Fees–Application for 
an Award of Fees Under the Equal Access to Justice Act (“Motion”) (ECF No. 18) and the parties’ 
Joint Stipulation for EAJA Fees (“Stipulation”) (ECF No. 23).  Plaintiff filed her Motion on 
October 16, 2024 (ECF No. 18), but did not file a meet and confer statement as required by Local 
Rule 7.1(a).  On October 22, 2024, the Court Ordered Plaintiff to meet and confer with Defendant 
regarding her Motion, and to file a statement indicating whether Defendant objected to it by 
October 29, 2024.  (ECF No. 22.)  Later on October 22, 2024, the parties filed their Stipulation 
(ECF No. 23).  The Court therefore infers the parties met and conferred regarding Plaintiff’s 
Motion, finds that the Stipulation satisfies Plaintiff’s duty to file a meet and confer statement, and 
denies Plaintiff’s Motion as moot.                                        
    The parties stipulate that the Court shall award $7,500 in attorney’s fees and costs to 
Plaintiff under Equal Access to Justice Act, 
28 U.S.C. § 2412
(d)(1)(A) (“EAJA”) (ECF No. 23 
at 1).  Based on the parties’ agreement, the Court approves the Stipulation.  The Government shall 
pay Plaintiff $7,500 in attorney fees and costs.  In accordance with Astrue v. Ratliff, 
560 U.S. 586
 

    1 This District has adopted a policy of using only the first name and last initial of any 
(2010), the EAJA fees may be subject to offset to satisfy any preexisting debt Plaintiff may owe 
the  United  States.    If,  after  receiving  the  Court’s  EAJA  fee  order,  the  Commissioner: 
(1) determines Plaintiff does not owe a debt that is subject to offset under the Treasury Offset 
Program; and (2) agrees to waive the requirements of the Anti-Assignment Act, then the EAJA 
fees will be made payable to Plaintiff’s attorney, Stephanie Christel.  However, if there is a debt 
owed  under  the  Treasury  Offset  Program,  the  Commissioner  cannot  agree  to  waive  the 
requirements of the Anti-Assignment Act, and the remaining EAJA fees after offset will be paid 
by check made out to Plaintiff.                                           
    Any checks issued for payment (regardless of whether the check is made out to Plaintiff 
or to Plaintiff’s attorney), shall be delivered to Plaintiff’s attorney at Livgard, Lloyd & Christel 

PLLP, P.O. Box 14906, Minneapolis, MN 55414.                              
IT IS SO ORDERED.                                                         
Dated: October 23, 2024            s/ Dulce J. Foster                     
                                  DULCE J. FOSTER                        
                                  United States Magistrate Judge         

Trial Court Opinion

                 UNITDEISDT SRTIACTTE OSF D MISITNRNIECSTO CTOAU  RT     


Bridie W.1                            Case No. 24-cv-1582 (DJF)          

               Plaintiff,                                                

v.                                          ORDER                        

Martin O’Malley,                                                         
Commissioner of Social Security,                                         

               Defendant.                                                


    This matter is before the Court on Plaintiff’s Motion for Attorney Fees–Application for 
an Award of Fees Under the Equal Access to Justice Act (“Motion”) (ECF No. 18) and the parties’ 
Joint Stipulation for EAJA Fees (“Stipulation”) (ECF No. 23).  Plaintiff filed her Motion on 
October 16, 2024 (ECF No. 18), but did not file a meet and confer statement as required by Local 
Rule 7.1(a).  On October 22, 2024, the Court Ordered Plaintiff to meet and confer with Defendant 
regarding her Motion, and to file a statement indicating whether Defendant objected to it by 
October 29, 2024.  (ECF No. 22.)  Later on October 22, 2024, the parties filed their Stipulation 
(ECF No. 23).  The Court therefore infers the parties met and conferred regarding Plaintiff’s 
Motion, finds that the Stipulation satisfies Plaintiff’s duty to file a meet and confer statement, and 
denies Plaintiff’s Motion as moot.                                        
    The parties stipulate that the Court shall award $7,500 in attorney’s fees and costs to 
Plaintiff under Equal Access to Justice Act, 
28 U.S.C. § 2412
(d)(1)(A) (“EAJA”) (ECF No. 23 
at 1).  Based on the parties’ agreement, the Court approves the Stipulation.  The Government shall 
pay Plaintiff $7,500 in attorney fees and costs.  In accordance with Astrue v. Ratliff, 
560 U.S. 586
 

    1 This District has adopted a policy of using only the first name and last initial of any 
(2010), the EAJA fees may be subject to offset to satisfy any preexisting debt Plaintiff may owe 
the  United  States.    If,  after  receiving  the  Court’s  EAJA  fee  order,  the  Commissioner: 
(1) determines Plaintiff does not owe a debt that is subject to offset under the Treasury Offset 
Program; and (2) agrees to waive the requirements of the Anti-Assignment Act, then the EAJA 
fees will be made payable to Plaintiff’s attorney, Stephanie Christel.  However, if there is a debt 
owed  under  the  Treasury  Offset  Program,  the  Commissioner  cannot  agree  to  waive  the 
requirements of the Anti-Assignment Act, and the remaining EAJA fees after offset will be paid 
by check made out to Plaintiff.                                           
    Any checks issued for payment (regardless of whether the check is made out to Plaintiff 
or to Plaintiff’s attorney), shall be delivered to Plaintiff’s attorney at Livgard, Lloyd & Christel 

PLLP, P.O. Box 14906, Minneapolis, MN 55414.                              
IT IS SO ORDERED.                                                         
Dated: October 23, 2024            s/ Dulce J. Foster                     
                                  DULCE J. FOSTER                        
                                  United States Magistrate Judge         

Reference

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