Putnam v. Astrue et al
Filing
18
ORDER granting 17 Motion for Attorney Fees by Judge Wiley Y. Daniel on 04/02/13.(jjhsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 12-cv-01025-WYD
KATHRYN A. PUTNAM,
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
March 22, 2013. 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.
2.
The Defendant shall pay to Plaintiff reasonable attorney fees in the
amount of $4,500.00. 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 subject to the Treasury Offset program, 31 U.S.C. §3716(c)(3)(B).
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.
5.
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 incurred through
the date that the EAJA stipulation was filed on March 22, 2013.
6.
This Order will not be used as precedent in any future cases.
Dated: April 2, 2013.
BY THE COURT:
s/ Wiley Y. Daniel
WILEY Y. DANIEL,
SENIOR UNITED STATES DISTRICT JUDGE
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