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[UNPUBLISHED] Per Curiam - Before Melloy, Gruender and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.