Find Court Cases > Astrue v. Ratliff

Astrue v. Ratliff

Case Date: 02/22/2010
Docket No: none

Facts of the Case 

An attorney that successfully represented two claimants in suits to receive benefits from the Social Security Administration moved for award of fees and costs under the Equal Access to Justice Act in the South Dakota federal district court. The district court granted the motion but offset the attorney's award to pay off debts her clients owed the federal government. On appeal, the Eighth Circuit held that attorney's fees cannot be used to satisfy a clients' pre-existing debt to the United States. The court reasoned that fees awarded under the Equal Access to Justice Act belong to the prevailing party's attorney and not to the prevailing party.

Read the Briefs for this Case
  • Brief of Amici Curiae National Organization of Social Security Claimants’ Representatives, Aarp, National Senior Citizens Law Center, National Disability Rights Network, Community Legal Services, Disability Law Clinic of the Pennsylvania State University
    • Question 

    Is the "award of fees and other expenses" under the Equal Access to Justice Act payable to the prevailing party rather than the prevailing party's attorney, and, therefore, may be used to satisfy that party's pre-existing debt to the United States?

    Argument Astrue v. Ratliff - Oral ArgumentFull Transcript Text  Download MP3Astrue v. Ratliff - Opinion AnnouncementFull Transcript Text  Download MP3