Miller v. Colvin
ORDER Granting 21 The parties Stipulated Motion for Fees Under the Equal Access to Justice Act, by Judge Wiley Y. Daniel on 5/4/2016.(evana, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01254-WYD
CHRISTOPHER L. MILLER,
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
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 Doc. No. 21], filed May 3, 2016, is GRANTED.
Defendant shall pay Plaintiff $5,995.00 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, but
delivered to Plaintiff’s attorney.
Dated: May 4, 2016
BY THE COURT:
/s/ Wiley Y. Daniel
WILEY Y. DANIEL,
SENIOR UNITED STATES DISTRICT JUDGE
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