U.S. Court of Appeals for the Eighth Circuit, 2011

Brandy Wilson v. Michael J. Astrue, etc.

Brandy Wilson v. Michael J. Astrue, etc.
U.S. Court of Appeals for the Eighth Circuit · Decided August 12, 2011 · Melloy, Gruender, Shepherd
425 F. App'x 525

Brandy Wilson v. Michael J. Astrue, etc.

Opinion

PER CURIAM.

The Bartels Law Firm, LLC, and E. Gregory Wallace, Esq., successfully represented Brandy Wilson in an appeal from a denial of Social Security disability benefits. This court awarded attorneys’ fees and expenses under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(b), but the United States Treasury offset the fee award against debts Wilson owed to the government. We issued an order in this case on September 15, 2008, finding that an EAJA attorneys’ fee award “should not be offset against debts owed by the successful claimant.” Wilson v. Astrue, No. 06-3627 (8th Cir. Sept. 15, 2008). Subsequently, the Supreme Court of the United States reversed this court’s judgment for the reasons articulated in the Supreme Court’s opinion in Astrue v. Ratliff, - U.S. -, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010). Astrue v. Wilson, — U.S. -, 130 S.Ct. 3450, 3450-51, 177 L.Ed.2d 1048 (2010). Consequently, to the extent the Supreme Court did not vacate our prior order, we do so now.

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