Cruz v. Colvin

Filing 21

ORDER granting 20 First Motion for Attorney Fees Pursuant to the EAJA by Chief Judge Marcia S. Krieger on 4/6/15.(msksec, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Marcia S. Krieger
Civil Action No. 13-cv-02097-MSK
CHARLES CRUZ,
Plaintiff,
v.
CAROLYN COLVIN, Acting Commissioner of the Social Security Administration,
Defendant.

ORDER

THIS MATTER comes before the Court on the parties’ Motion for Order And Approving
Stipulation of Award of Attorney Fees Under the Equal Access to Justice Act (Motion) (#20)
filed April 3, 2015. Having reviewed the Motion,
IT IS ORDERED that the Motion is GRANTED. Defendant shall pay $3,342.50 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 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 this 6th day of April, 2015.

BY THE COURT:

Marcia S. Krieger
Chief United States District Judge