Malik v. Astrue

Filing 20

ORDER granting 19 the Stipulated Motion for an Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Attorney fees in the amount of $5,100.00 are awarded to Plaintiff under the EAJA, by Judge Wiley Y. Daniel on 6/26/2014.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel

Civil Action No. 12-cv-02932-WYD
JEREMY MALIK,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.

ORDER

THIS MATTER is before the Court 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
June 25, 2014. The stipulated motion states the parties have agreed to a compromise
settlement of Plaintiff’s request for attorney fees pursuant to the Equal Access to Justice
Act [“EAJA”], agreeing that Plaintiff will receive a total EAJA fee award of $5,100.00 in this
case. Having reviewed the motion and finding good cause therefore, it is
ORDERED that the Stipulated Motion for an Award of Attorney Fees Pursuant to
the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (ECF No. 19) is GRANTED.
Attorney fees in the amount of $5,100.00 are awarded to Plaintiff under the EAJA. 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 owned under the Treasury

Offset Program, the Commissioner cannot agree to waive the requirements of the AntiAssignment 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 June 26, 2014
BY THE COURT:
s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior United States District Judge