Malone v. Colvin

Filing 38

ORDER granting the parties' 37 Stipulation: EAJA fees are hereby awarded to Plaintiff in the amount of Three Thousand One Hundred Twelve Dollars and 76/100 ($3,112.76) subject to the terms of the parties' stipulation. Signed by Magistrate Judge Lawrence O Anderson on 5/16/2014. (KMG)

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UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA
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Theresa Malone, on behalf of Daniel
McGettigan, deceased,

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Plaintiff,
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v.
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Carolyn W. Colvin, Acting Commissioner )
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of Social Security Administration,
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Defendant.

No. CV-13-2054-PHX-LOA
ORDER

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This case arises on the parties’ Stipulation for Award of EAJA Fees, requesting

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an order approving a stipulated amount of attorney’s fees to Plaintiff under the Equal

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Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). (Doc. 37) The stipulated

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amount of $3,112.76 represents compensation for all legal services rendered on behalf

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of Plaintiff by her counsel in connection with this Social Security action, in accordance

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with 28 U.S.C. §§ 1920, 2412(d). (Id.)

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The parties recognize that Plaintiff assigned her right to EAJA fees to her

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attorney. If, after receiving the Court’s EAJA fee’s order, the Commissioner (1)

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determines that Plaintiff does not owe a debt that is subject to offset under the Treasury

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Offset Program; and (2) agrees to waive the requirements of the Anti-Assignment Act,

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then the EAJA fees will be made payable to Plaintiff’s attorney. If, however, there is a

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debt owed under the Treasury Offset Program, the Commissioner cannot agree to

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waive the requirements of the Anti-Assignment Act, and the remaining EAJA fees

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after offset will be paid by a check made out to Plaintiff, but delivered to Plaintiff’s

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attorney. See 31 U.S.C. § 3716(c)(3)(B).

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The parties’ stipulation constitutes a compromise of Plaintiff's request for EAJA
attorney’s fees and does not constitute an admission of liability on the part of the

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Commissioner under the EAJA. Payment of the agreed amount shall constitute a
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complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s
counsel may have relating to EAJA attorney fees connection with this action.
This award is without prejudice to the rights of Plaintiff’s counsel to seek Social

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Security Act attorney’s fees under 42 U.S.C. § 406, subject to the provisions of the

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EAJA.

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Based upon the parties’ Stipulation for Award of EAJA Fees, doc. 37, and good
cause appearing,

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IT IS ORDERED that the parties’ Stipulation for Award of EAJA Fees, doc.

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37, is GRANTED. EAJA fees are hereby awarded to Plaintiff in the amount of Three

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Thousand One Hundred Twelve Dollars and 76/100 ($3,112.76) subject to the terms of

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the parties’ stipulation.

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Dated this 16th day of May, 2014.

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