United States District Court, D. Minnesota
July 8, 2015
Lisa Jean Isham, Plaintiff,
Carolyn Colvin, Acting Commissioner of Social Security, Defendant.
Lionel H. Peabody, Esq., Duluth, Minnesota, for Plaintiff.
Pamela Marentette, Esq., Minneapolis, Minnesota, for Defendant.
REPORT AND RECOMMENDATION
STEVEN E. RAU, Magistrate Judge.
The above-captioned case comes before the undersigned on Plaintiff Lisa Jean Isham's ("Isham") Application for Attorney's Fees Under the Equal Access to Justice Act ("EAJA") ("Motion for Fees") [Doc. No. 37]. Isham died on May 30, 2015. (Statement Noting Death of a Party) [Doc. No. 41]. Prior to her death, Isham assigned any EAJA fees to her attorney, Lionel H. Peabody. (Mot. for Fees ¶ 5); see also (Soc. Sec. & SSI Disability Fed. Ct. Appeal Fee Agreement, Attached to Decl. in Supp. of Mot. for Fees) [Doc. No. 38-1 ¶ 5].
The parties stipulated that because Isham assigned the entitlement of EAJA fees to her attorney, no substitution of party is necessary. (Joint Stipulation for EAJA Fees) [Doc. No. 44 at 2]. The parties also agree that EAJA fees should be awarded. See generally ( id. ).
Based upon all the files, records, and proceedings herein, IT IS HEREBY RECOMMENDED that:
1. The Application for Attorney's Fees Under the Equal Access to Justice Act [Doc. No. 37] is GRANTED;
2. Plaintiff Lisa Jean Isham ("Isham") be awarded attorney fees in the amount of $6, 273.00, subject to offset by any preexisting debt that she owes to the United States; and
3. Pursuant to the assignment of EAJA fees from Isham to her attorney, Lionel H. Peabody, the Commissioner be directed to pay the above-awarded fees, minus any applicable offset, directly to Lionel H. Peabody, PO Box 10, Duluth, MN XXXXX-XXXX.