Harrington v. Berryhill

906 F.3d 561
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 10, 2018
DocketNo. 17-3179; No. 17-3194
StatusPublished
Cited by113 cases

This text of 906 F.3d 561 (Harrington v. Berryhill) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harrington v. Berryhill, 906 F.3d 561 (7th Cir. 2018).

Opinion

Kanne, Circuit Judge.

*563The Commissioner of Social Security separately denied benefits to Staci Harrington and Andrew Banks. Both individuals sought judicial review of those decisions. To that end, each separately engaged the services of The de la Torre Law Office LLC, which agreed to represent them in federal court. In exchange, the two plaintiffs assigned to counsel any legal fees to which they might be entitled under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). After successfully prosecuting their cases, the plaintiffs obtained the statutory fee awards.

But that was not the end of the story. The Treasury Department, which had the responsibility of processing the payments, determined that both litigants had outstanding debts to various government entities. Rather than paying out the fees directly, it reduced the litigants' debts by equal amounts under the Treasury Offset Program, 31 C.F.R. § 285. The attorneys received nothing. In response, the parties brought these appeals, which we have consolidated because they pose the same legal questions. See Harrington v. Berryhill , 876 F.3d 889 (7th Cir. 2017). We believe it would be imprudent to entertain new administrative claims that are only minimally related to the judgments, so we decline to exercise ancillary jurisdiction over the plaintiffs' collateral challenges to the regulations and instead affirm the district courts' judgments.

I. BACKGROUND

Both Harrington and Banks are indigent petitioners who filed claims for Social Security Disability Insurance Benefits and Supplemental Security Income in 2014. In each case, the Commissioner found that the petitioner was not disabled and was therefore not entitled to benefits. Both separately sought judicial review of those determinations in district court, and both engaged The de la Torre Law Office LLC to assist with those suits. Because the plaintiffs had limited means, the attorneys conditioned their representation on their clients' agreement to assign any potential award of attorney fees to the law firm under Indiana law. Both plaintiffs were victorious, and the district courts remanded the cases to the Commissioner for reconsideration.

As in many cases involving Social Security, the parties then successfully petitioned the district courts to award attorney fees under EAJA; Harrington received $11,851.04, and Banks received $11,001. Although the plaintiffs requested that the government make its payments directly to the attorneys rather than to their clients, neither district court ordered the government to do so.

Pursuant to the awards, the Social Security Administration ("SSA") submitted payment vouchers to Treasury under 31 U.S.C. § 3325(a). Rather than issuing a direct payment to the "prevailing part[ies]" as envisioned by EAJA, however, § 3325(a) permits Treasury to execute *564"payment intercepts or offsets" under a provision of the Debt Collection Improvement Act of 1996 ("DCIA"), 31 U.S.C. § 3716. As it processed the payment vouchers, Treasury determined that Harrington had an outstanding debt to the Department of Education that exceeded the sum of her attorney fees. Likewise, Banks was delinquent on child support obligations administrated by the prosecutor's office in Allen County, Indiana, a debt monitored and administered at the federal level by the Department of Health and Human Services ("HHS"). Under its regulations issued pursuant to the DCIA, Treasury applied an administrative offset to both awards of attorney fees. See 31 C.F.R. §§ 285.1, 285.5. Treasury deducted amounts from SSA appropriations and transferred those sums to Education and HHS accounts. In turn, those departments reduced the plaintiffs' outstanding debts by equal amounts, effectively "paying" the litigants as required by the fee awards.

Harrington subsequently filed a motion under Fed. R. Civ. P. 69. That motion pointed to the assignment of fees under Indiana law and requested that the district court order the government to rescind the administrative offset and pay the full amount of the fee award directly to counsel. The district court, citing both Astrue v. Ratliff , 560 U.S. 586, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010) and our decision in Matthews-Sheets v. Astrue , 653 F.3d 560 (7th Cir. 2011), overruled on other grounds by Sprinkle v. Colvin , 777 F.3d 421 (7th Cir. 2015), denied that motion and upheld the government's action. Banks made no such motion.

Both plaintiffs appealed their cases. They now ask us to do what the district courts would not do: compel the government to reverse Treasury's administrative offsets, reinstate their prior debts, and pay their lawyers.

II. ANALYSIS

We review an order to award attorney fees under EAJA for abuse of discretion. See Sprinkle , 777 F.3d at 424. We review all questions of law involved in the interpretation of EAJA de novo . Id.

The shadow of Ratliff looms over this appeal.

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