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HEITZMANN v. COLVIN, 14-CV-01116-RM. (2015)

Court: District Court, D. Colorado Number: infdco20151112f26 Visitors: 18
Filed: Nov. 10, 2015
Latest Update: Nov. 10, 2015
Summary: ORDER RAYMOND P. MOORE , District Judge . This matter is before the Court on Plaintiff's unopposed motion for attorney fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d) ("Motion"). (ECF No. 28.) The Court GRANTS the Motion. In consideration thereof, the Court further ORDERS that Defendant pay to Plaintiff reasonable attorney's fees and expenses in the amount of $5,652.00. The Court further ORDERS that if, after receiving the Court's EAJA fee order, the Commissioner
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ORDER

This matter is before the Court on Plaintiff's unopposed motion for attorney fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d) ("Motion"). (ECF No. 28.) The Court GRANTS the Motion.

In consideration thereof, the Court further ORDERS that Defendant pay to Plaintiff reasonable attorney's fees and expenses in the amount of $5,652.00. The Court further ORDERS 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 Anti-Assignment Act, 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.

Source:  Leagle

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