Guzman v. Colvin

Filing 26

ORDER GRANTING THE PARTIES' STIPULATED MOTION FOR ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT: The 25 Stipulated Motion for Attorney Fees is GRANTED. by Chief Judge Marcia S. Krieger on 2/9/15.(msksec, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Marcia S. Krieger
Civil Action No. 13-cv-02192-MSK
GABRIEL GUZMAN,
Plaintiff,
v.
CAROLYN W. COLVIN, acting Commissioner of Social Security,
Defendant.

ORDER GRANTING THE PARTIES’ STIPULATED MOTION FOR AWARD OF
ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT
_________________________________________________________________________________
THIS MATTER comes before the Court upon a stipulated motion by the parties regarding an
award of attorney fees to Plaintiff pursuant to the Equal Access to Justice Act (EAJA) (Motion)
(#24). Having reviewed the Motion,
IT IS ORDERED that the Motion is GRANTED. Plaintiff is hereby awarded $5,900.00 in
attorney fees pursuant to the EAJA. Payment of this amount shall constitute a complete release from
and bar to any and all claims Plaintiff may have relating to EAJA fees in connection with this action.
This award shall not be used as precedent in any future cases, nor be construed as a concession by the
Commissioner that the original administrative decision denying benefits to Plaintiff was not
substantially justified.
The EAJA award is without prejudice to Plaintiff’s attorney’s right to seek attorney fees
pursuant to Social Security Act § 206(b), 42 U.S.C. § 406(b), subject to the offset provisions of the
EAJA. See 28 U.S.C. § 2412(c)(1) (2006). 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 9th day of February, 2015.
BY THE COURT:

Marcia S. Krieger
Chief United States District Judge