Perkins v. Commissioner of Social Security - $8,770 EAJA Fees
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;”
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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, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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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
- Citations: None known
- Docket Number: 2:25-cv-00060
Precedential Status: Unknown Status
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;
- 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
- 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
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