Price v. Colvin

Filing 23

ORDER granting 22 Motion for Attorney Fees. Defendant shall pay $5,720.81 in fees under the EAJA. IT IS FURTHER ORDERED that if, after receiving the Courts EAJA fee order, the Commissioner (1) determines upon effectuation of the Courts EAJA f ee 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, 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 any remaining EAJA fees after offset will be paid by a check made out to Plaintiff, but delivered to Plaintiffs attorney. Signed by Magistrate Judge Brian Morris on 2/28/2017. (TLO)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
SHANE R. PRICE,
SSN: XXX-XX-2873,

NO.: CV-16-08-GF-BMM-JTJ

Plaintiff,
vs.
ORDER

CAROLYN W. COLVIN, Acting
Commissioner of Social Security
Administration,
Defendant.

Plaintiff Shane R. Price ("Price"), by and through his attorney, John E.
Seidlitz, Jr., moves under the Equal Access to Justice Act ("EAJA"), 28 U.S.C.
§2412 et seq., for attorney fees incurred in prosecuting his Social Security appeal.
He requests $5,720.81 in fees. Defendant Commissioner of Social Security
("Commissioner") does not object to Price’s application for fees in this amount.
Accordingly, IT IS ORDERED that Defendant shall pay
$5,720.81 in fees 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
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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 any remaining EAJA
fees after offset will be paid by a check made out to Plaintiff, but delivered to
Plaintiff’s attorney.
DATED this 28th day of February, 2017.

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