Attorney’s fees: a 28 U.S.C. §2412(d)(1)(A) attorney’s fees award is
payable to the litigant and is therefore subject to an offset to satisfy the
litigant’s preexisting debt to the Government; 31 U. S. C. §3716, which
subjects to offset all “funds payable by the United States,” §3701(a)(1), to an
individual who owes certain delinquent federal debts, see §3701(b), unless, e.g.,
payment is exempted by statute or regulation. See, e.g., §3716(e)(2);
that the prevailing party’s attorney may have a beneficial interest or a
contractual right in the fees does not alter this conclusion; the Government
has since discontinued the direct payment practice except in cases where the
plaintiff does not owe a federal debt and has assigned her right to fees to the
attorney (U.S. S. Ct., 14.06.10, Astrue v. Ratliff, J. Thomas, unanimous).
Monday, June 14, 2010
Astrue v. Ratliff
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