Perito v. Commissioner of Social Security, et al

Filing 28

ORDER granting 27 the Stipulated Motion for an Award of Attorney Fees, by Judge Wiley Y. Daniel on 3/3/2014.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 12-cv-02567-WYD
DAVID PERITO,
Plaintiff,
v.
CAROLYN COLVIN, Acting Commissioner of Social Security,
Defendant.

ORDER

THIS MATTER is before the Court on the Stipulated Motion for an Award of
Attorney Fees filed February 21, 2014. The Court, having reviewed the motion and
being fully advised in the premises,
ORDERS that the Stipulated Motion for an Award of Attorney Fees (ECF No. 27)
is GRANTED. Defendant shall pay to Plaintiff reasonable attorney fees in the amount
of $4,170.00. It is
FURTHER ORDERED that if, after receiving the Court’s EAJA fee order,
Defendant (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, Defendant 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: March 3, 2014
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior United States District Judge