Shaffer v. Colvin

Filing 21

ORDER Upon 20 stipulation by the parties, it is hereby ORDERED that Plaintiff is awarded $2,305.19 in attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, by Judge Wiley Y. Daniel on 3/31/2016.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:15-cv-01937-WYD
GLEN EDWARD SHAFFER,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.

ORDER

Upon stipulation by the parties, it is hereby
ORDERED that Plaintiff is awarded $2,305.19 in attorney fees under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412. It is further ordered that if, after
receiving the Court’s EAJA fee order, the Commissioner (1) determines that Plaintiff has
assigned the EAJA fees to his attorney, (2) 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 (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 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.

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Dated:March 31, 2016
BY THE COURT:

/s/ Wiley Y. Daniel
WILEY Y. DANIEL,
SENIOR UNITED STATES DISTRICT JUDGE
Submitted by:
For Plaintiff:

For Defendant:

/s/ Michael W. Seckar1
MICHAEL W. SECKAR
402 W. 12th Street
Pueblo, CO 81003
[phone]

JOHN F. WALSH
United States Attorney
District of Colorado
J. BENEDICT GARCÍA
Assistant United States Attorney
District of Colorado
By: /s/ Narissa C. Webber
NARISSA C. WEBBER
Special Assistant United States Attorney
Social Security Administration
Office of the General Counsel
1961 Stout Street, Suite 4169
Denver, CO 80294-4003
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Of Counsel:
John Jay Lee, Regional Chief Counsel, Region
VIII

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Electronically signed by Narissa Webber with consent of Plaintiff’s counsel.
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