Ryan v. Astrue

Filing 35

ORDER granting 34 Motion for Attorney Fees by Chief Judge Marcia S. Krieger on 7/3/14.(msksec, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Marcia S. Krieger
Civil Action No. 12-cv-02870-MSK
ROXANNE RYAN,
Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security,
Defendant.

ORDER

THIS MATTER comes before the Court on the Stipulated Motion for Equal Access to
Justice Act Attorney Fees (Stipulated Motion) (#34) filed July 2, 2014. Having reviewed the
Motion,
IT IS ORDERED that the Stipulated Motion is GRANTED. Plaintiff Roxanne R. Ryan
is awarded $5,900.00 in attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412.
It is
FURTHER ORDERED that if, after receiving this Order, the Commisioner (1)
determines that Plaintiff has assigned the EAJA fees to his attorney, (2) 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 (3) 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 owned 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 and delivered to:
Roxanne R. Ryan
c/o Ann Atkinson, esq.
7960 S. Ireland Way
Aurora, Colorado 80016-1904
DATED this 3rd day of July, 2014.
BY THE COURT:

Marcia S. Krieger
United States District Court