Schiel-Leodoro v. Colvin

Filing 50

ORDER granting 49 Motion for Attorney Fees. Signed by Judge Dana L. Christensen on 1/5/2018. (TAG)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION FILED JAN 0 5 2018 Cle"'· ~· u.s o· . D1str;e1 Of Court Missoutantans :7ct CATHERINE SCHIEL-LEODORO, CV 14-276-M-DLC Plaintiff, ORDER vs. NANCY A. BERRYHILL, Commissioner of Social Security, Defendant. Pursuant to Plaintiff's Unopposed Application for an Award of Equal Access to Justice Act (EAJA) fees filed by and through Plaintiff's attorney, Eric Rasmusson of Bulman Law Associates, and for good cause shown, IT IS ORDERED that the Motion (Doc. 49) is GRANTED. The Defendant will pay $10,000 in attorney 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 under the Treasury Offset Program; and (2) agrees to waive the requirements of the AntiAssignment Act, the fees will be made payable to Plaintiff's attorney. However, if -1- 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 will be paid by a check made out to Plaintiff but delivered to Plaintiffs attorney. DATED this 5-1-ii day of January, 20 Dana L. Christensen, Chief Judge United States District Court -2-

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