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RATLIFF v. ASTRUE

No. 07-2317.

540 F.3d 800 (2008)

Catherine G. RATLIFF, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 5, 2008.

Attorney(s) appearing for the Case

James D. Leach, argued, Rapid City, SD, for appellant.

Michael E. Robinson, argued, U.S. DOJ, Washington, DC, Cheryl Schrempp Dupris, AUSA, on the brief, Pierre, SD, Wayne M. Stanley, Spec. AUSA, SSA, Denver, CO, and Deanna R. Ertl-Lombardi, Regional Chief Counsel, SSA, Denver, CO., for appellee.

Before MELLOY, GRUENDER, and SHEPHERD, Circuit Judges.

MELLOY, Circuit Judge.

Plaintiff Catherine G. Ratliff, an attorney, appeals from a district court judgment allowing the government to offset an award of attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(b), against debts her clients owe the federal government. Based on controlling Eighth Circuit precedent, we conclude that attorneys' fees awarded under the EAJA are awarded to the prevailing parties' attorneys, rather than to the parties...

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