Ryan v. Astrue

Filing 35

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

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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

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