DeSote v. Astrue

Filing 25

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, )

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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, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ______________________________________________________________________________ ORDER ______________________________________________________________________________ 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 2

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