DeSote v. Astrue
ORDER granting 24 Motion for Order Approving Stipulation of Attorney Fees Under the Equal Access to Justice Act, by Judge Raymond P. Moore on 10/22/2015.(cthom, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 12-CV-03214-RM
WANDA L. DESOTE,
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
The Motion for Order Approving Stipulation of Award of Attorney Fees Under the
Equal Access to Justice Act, (doc. #24), filed October 15, 2015, is GRANTED. In
consideration thereof, it is
ORDERED that the Defendant pay to Plaintiff reasonable attorney’s fees and
expenses in the amount of $3,500.00. 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 AntiAssignment 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 22nd day of October, 2015.
BY THE COURT:
RAYMOND P. MOORE
United States District Judge
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