Aiello v. Astrue

Filing 20

ORDER granting 19 Motion for Attorney Fees, by Judge John L. Kane on 9/14/12.(sgrim)

UNITED STATES DISTRICT COURT
DISTRICT OF COLORADO
Judge John L. Kane
Civil Action No. 12-cv-00690-AP
EDNA AIELLO,
Plaintiff,

v.
MICHAEL ASTRUE,
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

ORDER

This matter comes before me on the parties’ Stipulated Motion for an Award of
Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412(d) filed
September 14, 2012. Having reviewed the motion and file, I conclude that the motion
should be granted and fees should be awarded to the Plaintiff.
THEREFORE, IT IS ORDERED as follows:
1. The parties’ Stipulated Motion for an Award of Attorney Fees Pursuant to the
Equal Access to Justice Act [EAJA], 28 U.S.C. §2412(d) is GRANTED; and
2. The Defendant shall pay to Plaintiff reasonable attorney fees in the amount of
$5,127.69. This award is without prejudice to Plaintiff’s attorney’s right to
seek attorney fees pursuant to section 206(b) of the Social Security Act [42
U.S.C. §406(b)] subject to the offset provisions of the EAJA.

3. That payment shall be made payable to the Plaintiff and delivered to Plaintiff’s
counsel [see Astrue v. Ratliff, 130 S.Ct. 25621 (2010)], subject to the Treasury
Offset program [31 U.S.C. §3716(c)(3)(B) (2006)].
4. If it is determined upon effectuation of this Order that Plaintiff does not owe a
debt that is subject to offset under the Treasury Offset Program, the
Commissioner will consider the propriety of directing payment to the
Plaintiff’s attorney pursuant to the Plaintiff’s assignment. If there is such a
debt, any fee remaining after offset will be payable to Plaintiff and delivered
to Plaintiff’s attorney.

DATED: September 14, 2012

s/John L. Kane ________
John L. Kane
United States District Judge