Crowder v. Astrue

Filing 40

ORDER granting 38 Stipulated Motion for Attorney Fees Under the Equal Access to Justice Act. By Judge Christine M. Arguello on 07/23/2014.(athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 12-cv-00735-CMA
ELOSIA R. CROWDER,
Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security,
Defendant.

ORDER GRANTING STIPULATED MOTION FOR ATTORNEY
FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT

Upon consideration of the parties’ Stipulated Motion for Attorney Fees Under the
Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, et seq. (Doc. # 38), it is hereby
ORDERED that:
1.

Defendant will pay Plaintiff a total of $8,500.00 in EAJA fees.

2.

Defendant’s payment of this amount bars any and all claims Plaintiff may

have relating to EAJA fees and expenses in connection with this action.
3.

Defendant’s payment of this amount is without prejudice to Plaintiff’s

right to seek attorney fees under section 206(b) of the Social Security Act, 42 U.S.C.
§ 406(b), subject to the offset provisions of the EAJA.
4.

This Order will not be used as precedent in any future cases.

5.

It is further ordered that if, after receiving the Court’s EAJA fee order,

the Commissioner (1) determines upon effectuation of the Court’s EAJA fee order
that Plaintiff does not owe a debt that is subject to offset under the Treasury
Offset Program, and (2) agrees to waive the requirements of the Anti-Assignment
Act, the fees will be made payable to Plaintiff’s attorney. However, if there is a
debt owed under the Treasury Offset Program, the Commissioner cannot agree to
waive the requirements of the Anti-Assignment Act, and the remaining EAJA fees
after offset will be paid by a check made out to Plaintiff but delivered to Plaintiff’s
attorney.
DATED this

23rd

day of July, 2014.
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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