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PRICE v. COLVIN, CV-16-08-GF-BMM-JTJ. (2017)

Court: District Court, D. Montana Number: infdco20170301c71 Visitors: 9
Filed: Feb. 28, 2017
Latest Update: Feb. 28, 2017
Summary: ORDER BRIAN MORRIS , District Judge . 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
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ORDER

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 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.

Source:  Leagle

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