Dec 30, 2009

Astrue v. Ratliff Wiki

The SCOTUS Blog has started a Wiki for each case to be argued before the Supreme Court this term. One of these cases is Astrue v. Ratliff which is on the issue of whether attorney fees payable under the Equal Access to Justice Act (EAJA) belong to the Plaintiff or the Plaintiff's attorney.

The government is ordered to pay EAJA fees far more often in Social Security cases than in any other type of case. If the EAJA fee belongs to the Plaintiff, it is subject to offset for debts that the Plaintiff owes the federal government.

The case is set for oral argument on February 22, 2010. The certiorari stage briefs are available through the Wiki. The government's brief on the merits is also available. The opposing brief should be available in the near future.

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