Barnes v. Colvin

Filing 22

ORDER ON MOTION FOR ATTORNEY'S FEES: Plaintiff has filed a 18 motion seeking an award of attorney's fees under the Equal Access to Justice Act (EAJA). The Commissioner does not oppose the motion, subject to the usual considerations in EAJ A cases. Accordingly, IT IS HEREBY ORDERED that Defendant shall pay $1,993.68 in attorney fees. IT IS FURTHER ORDERED that if, after receiving the Court's Order, the Commissioner determines upon effectuation of the Order that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, agrees to waive the requirements of the Anti-Assignment Act, and is provided a valid assignment of the fees executed by the Plaintiff, the fees awarded shall be made payable to Plaintiff's attorney. However, if there is debt owed 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 shall be paid by check made out to the Plaintiff, in case of or delivered to Plaintiff's attorney. Signed by Magistrate Judge John Johnston on 2/6/2017. (SLR)

UNITED STATES DISTRICT COURT
DISTRICT OF MONTANA
GREAT FALLS DIVISION
TROY A. BARNES,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social
Security,
Defendant.

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) Cause No.: CV 16-48-GF-BMM-JTJ
)
) ORDER ON MOTION FOR
) ATTORNEY’S FEES
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Plaintiff has filed a motion seeking an award of attorney’s fees under the
Equal Access to Justice Act [EAJA].1 The Commissioner does not oppose the
motion, subject to the usual considerations in EAJA cases. Accordingly, it is
hereby
ORDERED that Defendant shall pay $1,993.68 in attorney’s fees;
1

Costs in the amount of $400.00, for the filing fee paid by Plaintiff, have
already been taxed by the Clerk of this Court. See, Docket Entry #17 (Dec. 12,
2016).

IT IS FURTHER ORDERED that if, after receiving the Court’s order, the
Commissioner determines upon effectuation of the order that Plaintiff does not
owe a debt that is subject to offset under the Treasury Offset Program, agrees to
waive the requirements of the Anti-Assignment Act, and is provided a valid
assignment of the fees executed by the Plaintiff, the fees awarded shall be made
payable to Plaintiff’s attorney. However, if there is a debt owed 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 shall be paid by check made out to the Plaintiff, in care of or delivered to
Plaintiff’s attorney.
DATED this 6th day of February 6, 2017.