Beyer v. Colvin

Filing 23

ORDER granting 22 Motion for Attorney Fees, by Magistrate Judge Kathleen M. Tafoya on 6/18/15.(sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:13-cv-02977-KMT
DONNY BEYER,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.
ORDER

This Court, having reviewed the parties’ Stipulated Motion for an Award of Attorney
Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (the Motion), and being
fully apprised in its premises,
ORDERS that the Motion (Document #22) is granted. Defendant shall pay $3,500.00 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 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 18th day of June, 2015.

_________________________________
The Honorable Kathleen M. Tafoya
United States Magistrate Judge