Heitzmann v. Colvin

Filing 29

ORDER granting 28 Motion for Attorney Fees, by Judge Raymond P. Moore on 11/10/2015.(cthom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 14-CV-01116-RM
DEVIN HEITZMANN,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________

This matter is before the Court on Plaintiff’s unopposed motion for attorney fees
under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d) (“Motion”). (ECF
No. 28.) The Court GRANTS the Motion.
In consideration thereof, the Court further ORDERS that Defendant pay to
Plaintiff reasonable attorney’s fees and expenses in the amount of $5,652.00. The Court
further ORDERS 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 10th day of November, 2015.
BY THE COURT:

________________________________
RAYMOND P. MOORE
United States District Judge

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