Krause (Pidgeon) v. Colvin

Filing 23

ORDER granting 22 Motion for Attorney Fees Signed by Magistrate Judge Jeremiah C. Lynch on 3/1/2017. (TXB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
SHAWNA K. (PIDGEON) KRAUSE,

CV 16-20-BU-JCL

Plaintiff,
ORDER
vs.
CAROLYN W. COLVIN, Commissioner
of Social Security,
Defendant.

Plaintiff Shawna Kay (Pidgeon) Krause ("Krause"), by and through her
attorney, John E. Seidlitz, Jr., moves under the Equal Access to Justice Act
("EAJA"), 28 U.S.C. §2412 et seq., for attorney fees and costs incurred in
prosecuting her Social Security appeal. She requests $5,416.71 in fees and
$400.00 in costs. Costs are not paid by agency funds, but rather by the Judgment
Fund. Defendant Commissioner of Social Security ("Commissioner") does not
object to Krause's application for fees and costs in this amount.
Accordingly, IT IS ORDERED that Defendant shall pay Plaintiff attorney
fees of $5,416.71, as well as costs of $400.00, under the EAJA.
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, (2) agrees to waive the requirements of the Anti-Assignment Act,
and (3) is provided a valid assignment of fees executed by Plaintiff, 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 this 1st day of March, 2017

Jeremiah C. Lynch
United States Magistrate Judge