Flakes v. Colvin
ORDER GRANTING 22 Stipulated Motion for Attorney's Fees, by Judge William J. Martinez on 10/26/2015.(cthom, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 14-cv-2473-WJM
ELLA M. FLAKES,
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
ORDER GRANTING STIPULATED MOTION FOR ATTORNEY’S FEES
The Motion for Order Approving Stipulation of Award of Attorney’s Fees Under
the Equal Access to Justice Act (ECF No. 23) is GRANTED.
In consideration thereof, it is ORDERED that the Defendant pay to Plaintiff,
through counsel, reasonable attorney’s fees and expenses in the amount of $4,300.00.
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 26th day of October, 2015.
BY THE COURT:
William J. Martínez
United States District Judge
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