West v. Astrue

Filing 24

ORDER granting 23 Stipulated Motion for an Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Defendant shall pay $6,500.00 of attorney fees to Plaintiff pursuant to the EAJA. By Judge John L. Kane on 9/10/13.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-03132-AP
REBECCA D. WEST,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.
ORDER

The Stipulated Motion for an Award of Attorney Fees Pursuant to the Equal Access to
Justice Act, 28 U.S.C. § 2412(d) [doc. #23], filed September 9, 2013, is GRANTED. It is
ORDERED that Defendant shall pay $6,500.00 of attorney fees to Plaintiff pursuant to
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 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 this 10th day of September, 2013.
s/John L. Kane ____________
The Honorable John L. Kane
United States District Court Judge