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The District Court granted Ree's unopposed motion for a § 2412(d) fees award in the amount of $2,112.60.
Accordingly, the United States sought an administrative offset against the fees award to satisfy part of that debt.
Those other subsections clearly distinguish the party who receives the fees award (the litigant) from the attorney who performed the work that generated the fees.
Before the United States paid the fees award, however, it discovered that Ree owed the Government a debt that predated the District Court's approval of the award.
As the Government explains, it most often paid EAJA fees directly to attorneys in cases in which the prevailing party had assigned its rights in the fees award to the attorney (which assignment would not be necessary if the statute rendered the fees award payable to the attorney in the first instance).
We hold that a § 2412(d) fees award is payable to the litigant and is therefore subject to a Government offset to satisfy a pre-existing debt that the litigant owes the United States.
Similar(48)
The fees awarded by Mrs. Lambert are also under investigation by the United States Attorney in Manhattan.
Any fees awarded the Castano Group will be determined by a three-member panel selected by cigarette makers and plaintiffs' lawyers.
It is true that the SSA makes fees awards under that statute payable directly to a prevailing claimant's attorney.
Governor Bush took no position on the merits of the lawsuit, but after the settlement he called the fees awarded to plaintiffs' lawyers "outrageous".
See also Federal Judicial Center, MANUAL FOR COMPLEX LITIGATION § 14.121 at 187 (2004) ("Attorney fees awarded under the percentage method are often between 25% and 30% of the fund".).
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CEO of Professional Science Editing for Scientists @ prosciediting.com