Singleton v. Colvin

Filing 39

ORDER granting 38 Stipulated Motion for EAJA Fees. Defendant shall pay $11,500.00 in fees under the EAJA. Plaintiff's Motion for Attorney Fees 37 is DENIED as moot. Signed by Judge Dana L. Christensen on 7/18/2016. (MMS, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
MARV ALEE J. SINGLETON,

CV 13-03-GF-DLC

Plaintiff,
ORDER
vs.
CAROLYN W. COL VIN,
Commissioner of Social Security
Administration,
Defendant.
The parties have stipulated that an award of $11,500.00 in attorney fees
under the Equal Access to Justice Act (BAJA), 28 U.S.C. § 2414 et seq., is
reasonable in this case. Because the parties have stipulated to this amount,
Plaintiff's first motion for attorney fees in the amount of $16,107.58 will be
denied as moot.
IT IS HEREBY ORDERED that the Stipulated Motion for BAJA Fees (Doc.
38) is GRANTED. Defendant shall pay $11,500.00 in fees under the BAJA.
IT IS FURTHER ORDERED that Plaintiff's Motion for Attorney Fees
(Doc. 3 7) is DENIED as moot.
IT IS FURTHER ORDERED that if, after receiving the Court's BAJA fee
order, the Commissioner (1) determines upon effectuation of the Court's BAJA fee
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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 Plaintiffs attorney. However, ifthere 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 Plaintiffs
attorney.
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Dated this _le_ day of July, 2016.

Dana L. Christensen, Chief Judge
United States District Court

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