Greeno v. Colvin

Filing 23

ORDER approving 22 Stipulation for Equal Access to Justice Act Attorney Fees. By Judge Robert E. Blackburn on 10/14/2015.(mlace, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 1:15-cv-00259-REB
KAMMY GREENO,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.

ORDER
Blackburn J.
The matter before the court is the parties’ Stipulation for Equal Access to
Justice Act Attorney Fees [#22],1 filed October 13, 2015. As indicated by the title of
the motion, the parties have reached an agreement about the amount of attorney fees
and costs to be awarded to plaintiff under the EAJA. I therefore approve the stipulation
and enter an award of fees and costs payable to plaintiff in the stipulated amount.2 See
Manning v. Astrue, 510 F.3d 1246, 1249-55 (10th Cir. 2007), cert. denied, 129 S.Ct.
486 (2008).
THEREFORE, IT IS ORDERED as follows:
1

“[#22]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.
2

The parties have stipulated that if the Commissioner (1) determines that plaintiff has assigned
the EAJA fees to her attorney, (2) determines on effectuation of this 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 may not agree to waive the
requirements of the Anti-Assignment Act, and the remaining EAJA fees after offset will be paid by a check
made payable to plaintiff but delivered, i.e., mailed, to plaintiff’s attorney in care of his business office.

1. That the parties’ Stipulation for Equal Access to Justice Act Attorney
Fees [#22], filed October 13, 2015, is approved; and
2. That plaintiff is awarded $4,692.30 in attorney fees under the Equal Access to
Justice Act, 28 U.S.C. § 2412, and $48.49 in costs under 28 U.S.C. §§ 2412(c)(1) &
2414.
Dated October 14, 2015, at Denver, Colorado.
BY THE COURT:

2