Heim v. Colvin

Filing 34

ORDER; 33 Stipulation for Equal Access to Justice Act Attorney Fees is GRANTED. Upon stipulation by the parties, Plaintiff is awarded $5,900.00 in attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, by Magistrate Judge Kathleen M. Tafoya on 10/19/15.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 14–cv–00968–KMT
LYLE C. HEIM,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.

ORDER

It is hereby ORDERED that the parties’ “Stipulation for Equal Access to Justice Act
Attorney Fees” (Doc No. 33, filed Oct. 19, 2015) is GRANTED. Upon stipulation by the
parties, Plaintiff is awarded $5,900.00 in attorney fees under the Equal Access to Justice Act, 28
U.S.C. § 2412. It is further ordered that if, after receiving the Court’s EAJA fee order, the
Commissioner (1) determines that Plaintiff has assigned the EAJA fees to his attorney, (2)
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 (3) 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 and
delivered to:

Lyle C. Heim
c/o Teresa H. Abbott, Esq.
Law Office of Teresa Abbott, P.C.
3515 S. Tamarac Drive, Suite 200
Denver, CO 80237
Dated this 19th day of October, 2015.

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