Stapleton v. Colvin

Filing 17

ORDER Granting 16 the parties stipulated motion for fees in the amount of $579.08 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (d). IT IS THEREFORE ORDERED that the Plaintiff be allowed attorney fees of $579.08, which the Court finds to be reasonable, in full satisfaction of any and all EAJA attorney fee claims Plaintiff may have in this case, by Judge Wiley Y. Daniel on 1/19/2016.(evana, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02249-WYD
RENEE M. STAPLETON,
Plaintiff,
vs.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.
_____________________________________________________________________
ORDER GRANTING STIPULATED MOTION FOR AWARD OF ATTORNEY=S FEES
PURSUANT TO THE EAJA
______________________________________________________________________
On January 15, 2016, the parties filed an stipulated motion for fees in the amount
of $579.08 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). (ECF No.
16).
Pursuant to the power of this Court to award attorney fees under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412, and in light of this Court’s Judgment
reversing and remanding the Commissioners decision, IT IS THEREFORE ORDERED
that the Plaintiff be allowed attorney fees of $579.08, which the Court finds to be
reasonable, in full satisfaction of any and all EAJA attorney fee claims Plaintiff may have
in this case.
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: January 19, 2016
BY THE COURT:

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