Brandy Wilson v. Michael J. Astrue, etc., No. 06-3627 (8th Cir. 2011)

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Court Description: Civil case - Equal Access to Justice Act. To the extent the Supreme Court did not vacate this court's order September 15, 2008 order, the order is vacated.

This opinion or order relates to an opinion or order originally issued on July 19, 2007.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-3627 ___________ Brandy Wilson, * * Plaintiff - Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Michael J. Astrue, Commissioner of * Social Security, * [UNPUBLISHED] * Defendant - Appellee. * ___________ Submitted: August 11, 2010 Filed: August 12, 2011 ___________ Before MELLOY, GRUENDER, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. The Bartels Law Firm, LLC, and E. Gregory Wallace, Esq., successfully represented Brandy Wilson in an appeal from a denial of Social Security disability benefits. This court awarded attorneys' fees and expenses under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. ยง 2412(b), but the United States Treasury offset the fee award against debts Wilson owed to the government. We issued an order in this case on September 15, 2008, finding that an EAJA attorneys' fee award "should not be offset against debts owed by the successful claimant." Wilson v. Astrue, No. 063627 (8th Cir. Sept. 15, 2008). Subsequently, the Supreme Court of the United States reversed this court's judgment for the reasons articulated in the Supreme Court's opinion in Astrue v. Ratliff, 130 S. Ct. 2521 (2010). Astrue v. Wilson, 130 S. Ct. 3450, 3450 51 (2010). Consequently, to the extent the Supreme Court did not vacate our prior order, we do so now. ______________________________ -2-

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