Burnell v. Colvin

Filing 22

ORDER granting 21 Motion for Attorney Fees. Entered by Judge Wiley Y. Daniel on 08/27/15.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00308-WYD
RICHARD BURNELL,
Plaintiff,
vs.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.

ORDER GRAINTING THE PARTIES’
STIPULATED MOTION FOR FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT

The parties’ Stipulated Motion for Fees Under the Equal Access to Justice Act (ECF No.
21) is GRANTED.
Defendant shall pay Plaintiff $3,985.00 in attorney fees. Payment of this amount shall
constitute a complete release from and bar to any and all claims Plaintiff may have relating to
EAJA fees in connection with this action. However, the EAJA award is without prejudice to
Plaintiff’s attorney’s right to seek attorney fees pursuant to Social Security Act § 206(b),
42 U.S.C. § 406(b), subject to the offset provisions of the EAJA. See 28 U.S.C. § 2412(c)(1)
(2006).
Under Astrue v. Ratliff, 130 S.Ct 2521, 2528-29 (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)). Thus, fees should be paid to Plaintiff. However, Plaintiff assigned his
right to EAJA fees to his attorney. Thus, if, after receiving the Court’s EAJA fee order, the

Commissioner (1) determines 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,
then 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 will pay the remaining EAJA fees
after offset by a check made out to Plaintiff but delivered to Plaintiff’s attorney.

Dated: August 27, 2015
BY THE COURT:

/s/ Wiley Y. Daniel                   
WILEY Y. DANIEL, 
SENIOR UNITED STATES DISTRICT JUDGE