Ruth v. Astrue

Filing 31

ORDER re: Equal Access to Justice Act (EAJA). by Judge R. Brooke Jackson on 4/17/14. (jdyne, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge R. Brooke Jackson
Civil Action No. 1:12-cv-03059-RBJ
JAMIE N. RUTH,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.
______________________________________________________________________
ORDER
______________________________________________________________________
Upon consideration of the parties= joint stipulation for fees pursuant to the Equal Access to
Justice Act (EAJA), 28 U.S.C. ' 2412 et seq., IT IS HEREBY ORDERED:
1.

Defendant will pay Plaintiff a total of $5,000.00 in EAJA fees. This amount is
payable to Plaintiff, not directly to her counsel. 1 Payment will be sent to the office
of Plaintiff=s attorney: Patrick C.H. Spencer, II; 830 Tenderfoot Hill Road,
Suite 320; Colorado Springs, CO 80906.

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However, Defendant will consider the propriety of directing payment to the attorney
pursuant to an assignment, but can do so only after the award has been issued to Plaintiff and the
amount of any federal debt owed by Plaintiff is properly offset.

2.

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 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.

3.

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.

4.

Defendant=s payment of this amount is without prejudice to Plaintiff=s right to seek
attorney fees under section 206(b) of the Social Security Act, 42 U.S.C. ' 406(b),
subject to the offset provisions of the EAJA.

5.

This Order will not be used as precedent in any future cases.

DATED this 17th day of April, 2014.

BY THE COURT

____________________________________
R. Brooke Jackson
United States District Judge

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