Santistevan v. Colvin

Filing 23

ORDER granting 22 Motion for Attorney Fees. By Judge Christine M. Arguello on 07/15/2015. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 14-cv-00895-CMA
FELICIA ROMONA SANTISTEVAN,
Plaintiff,
v.
CAROLYN W. COLVIN, Social Security Administrator,
Defendant.

ORDER GRANTING STIPULATED MOTION FOR AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL JUSTICE ACT, 28 U.S.C. § 2412

This matter is before the Court on the Stipulated Motion for Award of Attorney
Fees Pursuant to the Equal Access to Justice Act. (Doc. # 22.) Per the Motion, the
parties have stipulated to an attorney fee award of $5,200.00 pursuant to the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412 et seq., in the above-captioned matter,
and have also stipulated that this award represents reasonable compensation for all
legal services rendered on behalf of Plaintiff by Rachael A. Lundy, Esq., and her firm,
Michael W. Seckar, P.C., in connection with this civil action before the district court in
accordance with 28 U.S.C. §§ 1920 and 2412(d).
Additionally, under Astrue v. Ratliff, 560 U.S. 586 (2010), EAJA fees awarded by
this Court belong to the Plaintiff and are subject to offset under the Treasury Offset
Program (31 U.S.C. § 3716(c)(3)(B) (2006)). Pursuant to the parties’ stipulation, if the

Commissioner determines Plaintiff does not owe a debt that is subject to offset under
the Treasury Offset Program, then the Commissioner will agree to waive the
requirements of the Anti-Assignment Act, 31 U.S.C. § 3727(b), and the EAJA fees will
be made payable to Plaintiff’s attorney. However, if there is a debt owed 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 at her office: Rachael A.
Lundy, Esq.; Michael W. Seckar, P.C.; 402 West 12th Street; Pueblo, CO 81003.
The Court, having been advised in the premises, finds that the Motion (Doc. #
22) should be GRANTED and the attorney fees paid pursuant to the parties’ stipulation.
DATED: July 15, 2015
BY THE COURT:

________________________________
CHRISTINE M. ARGUELLO
United States District Judge