Dwier v. Colvin
Filing
22
ORDER Granting 21 Stipulated Motion for Attorney Fees Pursuant to the Equal Access to Justice Act, by Judge Wiley Y. Daniel on 6/16/2015.(evana, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 13-cv-02595-WYD
DENNIS J. DWIER,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.
ORDER
THIS MATTER comes before the Court on the parties’ Stipulated Motion for
Attorney Fees Pursuant to the Equal Access to Justice Act filed June 16, 2015. The
Court, having reviewed the motion and being fully advised in the premises,
ORDERS that the Stipulated Motion for Attorney Fees [ECF No. 21] filed June
16, 2015, is GRANTED. In accordance therewith, it is
ORDERED that Plaintiff is awarded $4,200.00 in attorney fees pursuant to the
Equal Access to Justice Act. Payment of this amount shall constitute a complete
release from and bar to any and all claims Plaintiff may have relating to EAJA fees and
costs 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. It is
FURTHER ORDERED that the EAJA award is without prejudice to Plaintiff's
attorney's right to seek attorney fees pursuant to Section 206(b) of the Social Security
Act, 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 owed under the
Treasury Offset Program, the Commissioner does not 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: June 16, 2015
BY THE COURT:
s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior United States District Judge
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