High Court To Hear Petition On Attorneys' Fees

Law360, New York (September 30, 2009, 4:40 PM EDT) -- The U.S. Supreme Court has elected to hear a petition from Social Security Commissioner Michael J. Astrue to resolve whether an “award of fees and other expenses” under the Equal Access to Justice Act is payable to the prevailing party rather than to the prevailing party’s attorney.

The high court announced Wednesday that it would grant certiorari to the appeal, which would determine whether such an award is subject to an offset for a pre-existing debt the prevailing party owes to the government.

Attorney Catherine G....
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