Lovato v. Colvin

Filing 20

ORDER granting 19 Motion for Attorney Fees Pursuant to the Equal Access to Justice Act by Judge John L. Kane on 07/24/14.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-2839-AP
MANUEL LOVATO, JR.,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.

ORDER GRANTING 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 for an award of
attorney fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 et seq. The
Court, being fully advised in the premises, HEREBY ORDERS that the motion is granted.
Plaintiff is hereby awarded $5,250.00 in attorney fees pursuant to 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 attorneys’ 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.
Done this 24th day of July, 2014.

s/John L. Kane___________
John Kane, Senior Judge
United States District Court