Edmunds v. Colvin

Filing 24

ORDER ALLOWING ATTORNEYS FEES re 23 Stipulation filed by Charles K. Edmunds Jr. READ ORDER FOR DETAILS. Signed by Magistrate Judge Timothy J. Cavan on 3/27/2017. (AEC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
CHARLES K. EDMUNDS JR.,

CV 16-110-BLG-TJC

Plaintiff,
ORDER ALLOWING
ATTORNEYS FEES

vs.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security
Administration, 1
Defendant.

The parties have filed a Joint Stipulation for Attorney Fees Under the Equal
Access to Justice Act (“EAJA”). (Doc. 23.) Accordingly, IT IS HEREBY
ORDERED that Plaintiff, Charles K. Edmunds, Jr., is awarded attorney fees under
the EAJA in the amount of $6,400.00. 28 U.S.C. § 2412(d). IT IS FURTHER
ORDERED that if, after receiving the Court’s EAJA fee order, the Commissioner
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, the fees will
be made payable to Plaintiff’s attorney. However, if there is a debt owed under the

1

Pursuant to Federal Rule of Civil Procedure 25(d), the Court substitutes Nancy A. Berryhill, the
Acting Commission of Social Security Administration, as the defendant in this action.

Treasury Offset Program, the remaining EAJA fees after offset will be paid by a
check made out to Plaintiff but delivered to Plaintiff’s attorney.
IT IS ORDERED.
DATED this 27th day of March, 2017.

_______________________________
TIMOTHY J. CAVAN
United States Magistrate Judge