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Perkins v. Commissioner of Social Security - $8,770 EAJA Fees

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Summary

The United States District Court for the Eastern District of Tennessee adopted Magistrate Judge Debra C. Poplin's Report and Recommendation entered March 30, 2026, accepting the parties' Joint Stipulation for Attorney Fees Pursuant to the Equal Access to Justice Act. The court awarded plaintiff Alice D. Perkins $8,770.00 in EAJA attorney's fees, payable to plaintiff as the litigant and subject to any pre-existing debt owed to the United States. Plaintiff's pending Motion for Attorney's Fees [Doc. 18] was denied as moot pursuant to the parties' joint stipulation.

“The parties' Joint Stipulation [Doc. 19] is ADOPTED to the extent that the parties agree that plaintiff is entitled to an award of attorney fees under the EAJA in the amount of $8,770.00;”

Published by US District Court E.D. Tenn. on courtlistener.com . Detected, standardized, and enriched by GovPing. Review our methodology and editorial standards .

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GovPing monitors US District Court EDTN Docket Feed for new courts & legal regulatory changes. Every update since tracking began is archived, classified, and available as free RSS or email alerts — 7 changes logged to date.

What changed

The court accepted and adopted in full the Magistrate Judge's Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1), adopting the parties' Joint Stipulation to the extent that plaintiff is entitled to $8,770.00 in EAJA attorney's fees. The order directed that the EAJA fee is payable to plaintiff as the litigant and may be subject to offset to satisfy pre-existing debt owed to the United States under Astrue v. Ratliff (2010), with payment to counsel permitted if no debt exists. Plaintiff's competing motion for fees was denied as moot.

For parties litigating Social Security cases, this order illustrates the routine procedural outcome when parties reach a joint stipulation on EAJA fees—the court adopts the stipulation and denies the pending motion as moot rather than independently awarding fees. EAJA applicants should be aware that fee awards are payable to the litigant and subject to federal debt offset, with payment to counsel contingent on the absence of such debt.

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Apr 26, 2026

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April 21, 2026 Get Citation Alerts Download PDF Add Note

Alice D. Perkins v. Commissioner of Social Security

District Court, E.D. Tennessee

Trial Court Document

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE

ALICE D. PERKINS, )
)
Plaintiff, )
)
v. ) No.: 2:25-CV-60-TAV-DCP
)
COMMISSIONER OF )
SOCIAL SECURITY, )
)
Defendant. )

ORDER

This civil matter is before the Court on the Report and Recommendation (the
“R&R”) entered by United States Magistrate Judge Debra C. Poplin on March 30, 2026
[Doc. 21]. In the R&R, the magistrate judge recommends that the Court deny as moot
Plaintiff’s Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act
(“EAJA”), 28 U.S.C. § 2412 [Doc. 18] and adopt the parties’ Joint Stipulation for Attorney
Fees Pursuant to EAJA [Doc. 19]. There have been no timely objections to the R&R, and
enough time has passed since the filing of the R&R to treat any objections as having been
waived. See 28 U.S.C. § 636 (b)(1); Fed. R. Civ. P. 72.
After careful review of the matter, the Court agrees with the magistrate judge’s
recommendations. Accordingly, the Court ACCEPTS and ADOPTS in full the R&R
[Doc. 21] pursuant to 28 U.S.C. § 636 (b)(1). It is hereby ORDERED that:
1. The parties’ Joint Stipulation [Doc. 19] is ADOPTED to the extent that the
parties agree that plaintiff is entitled to an award of attorney fees under the EAJA in the
amount of $8,770.00;
2. In accordance with Astrue v. Ratliff, 560 U.S. 586 (2010), the EAJA fee is
payable to plaintiff as the litigant and may be subject to offset to satisfy a pre-existing debt
that the litigant owes to the United States;

  1. If plaintiff owes no debt to the United States, the payment of the EAJA fees may be made to plaintiff’s counsel per the fee assignment referenced in the parties’ stipulation; and
  2. Plaintiff’s Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 [Doc. 18] is DENIED as moot, pursuant to the parties’ Joint

Stipulation [Doc. 19].
IT IS SO ORDERED.
s/ Thomas A. Varlan
UNITED STATES DISTRICT JUDGE

2

Citations

28 U.S.C. § 2412 statutory authority for EAJA fees
28 U.S.C. § 636(b)(1) magistrate judge report and recommendation procedure
Astrue v. Ratliff, 560 U.S. 586 (2010) EAJA fees payable to litigant subject to debt offset

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Last updated

Classification

Agency
US District Court E.D. Tenn.
Filed
April 21st, 2026
Instrument
Enforcement
Branch
Judicial
Legal weight
Binding
Stage
Final
Change scope
Minor
Document ID
No.: 2:25-CV-60-TAV-DCP
Docket
2:25-cv-00060

Who this affects

Applies to
Consumers Government agencies
Industry sector
9211 Government & Public Administration
Activity scope
EAJA fee litigation Social Security benefits Federal court orders
Geographic scope
United States US

Taxonomy

Primary area
Judicial Administration
Operational domain
Legal
Topics
Social Services Government & Public Administration Employment & Labor

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