DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

072317U.pdf   08/12/2011  Catherine G. Ratliff  v.  Michael J. Astrue
   U.S. Court of Appeals Case No:  07-2317
   U.S. District Court for the District of South Dakota - Rapid City   
   [UNPUBLISHED] Per Curiam - Before Melloy, Gruender and
   Shepherd, Circuit Judges]
Civil case - Equal Access to Justice Act. On remand from the Supreme Court - Astrue v. Ratliff, 130 S.Ct. 2521 (2010). The court's prior opinion in the case, Ratliff v. Astrue, 540 F.3d 800 (8th Cir. 2008), is vacated, and the district court's order on attorneys' fees is affirmed. 072317P.pdf 09/05/2008 Catherine G. Ratliff v. Michael J. Astrue U.S. Court of Appeals Case No: 07-2317 U.S. District Court for the District of South Dakota [PUBLISHED] [Melloy, Author, with Gruender, and Shepherd, Circuit Judges]
Civil case - Social Security. Under controlling Eighth Circuit precedent, attorneys' fees awarded under the Equal Access to Justice Act are awarded to the prevailing parties' attorneys, rather than to the parties themselves, and therefore cannot be used to offset the parties' debts to the government; judgment allowing the government to offset the EAJA award against the debts the parties owed is reversed. Judge Gruender, concurring on the ground the result is compelled by this court's case law, but asserting the holding is in conflict with repeated statements by the Supreme Court, the EAJA's plain language and the decisions in several other circuits.