United States Postal Service(TM)


August 2, 2001



In the Matter of the Petition by



SHARON E. ROBY-WILSON

351 South 47th Street, Apt. B205



at



Philadelphia, PA 19143-1864



P.S. Docket No. DCA 01-96



APPEARANCE FOR PETITIONER:  David R. Dearden, Esq.

Kalogredis, Sansweet, Dearden & Burke, Ltd.

987 Old Eagle School Road, Suite 704

Wayne, PA  19087-1708



APPEARANCE FOR RESPONDENT:  Kenneth Giles

Labor Relations Specialist

United States Postal Service

P.O. Box 7956

Philadelphia, PA  19101-7956



FINAL DECISION ON EQUAL ACCESS TO JUSTICE ACT APPLICATION

In a Final Decision Under the Debt Collection Act of 1982, dated June 28, 2001, it was held that Respondent, the United States Postal Service, could collect only $300.00 of an $18,150.83 debt alleged to be owed by Petitioner. Petitioner has now filed an application for attorney fees under the Equal Access to Justice Act (EAJA).

Because it was determined in William D. Vogel, P. S. Docket No. DCA 99-396 (November 30, 2000),1  and cases cited therein, that the EAJA does not apply to Debt Collection Act proceedings, the application is denied.

 


					Bruce R. Houston

					Chief Administrative Law Judge

1  A copy of the Vogel decision is attached.