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MALIK v. COLVIN, 12-cv-02932-WYD. (2014)

Court: District Court, D. Colorado Number: infdco20140630b18 Visitors: 18
Filed: Jun. 26, 2014
Latest Update: Jun. 26, 2014
Summary: ORDER WILEY Y. DANIEL, Senior District Judge. THIS MATTER is before the Court on the parties Stipulated Motion for an Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d), filed June 25, 2014. The stipulated motion states the parties have agreed to a compromise settlement of Plaintiff's request for attorney fees pursuant to the Equal Access to Justice Act ["EAJA"], agreeing that Plaintiff will receive a total EAJA fee award of $5,100.00 in this case. Having r
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ORDER

WILEY Y. DANIEL, Senior District Judge.

THIS MATTER is before the Court on the parties Stipulated Motion for an Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), filed June 25, 2014. The stipulated motion states the parties have agreed to a compromise settlement of Plaintiff's request for attorney fees pursuant to the Equal Access to Justice Act ["EAJA"], agreeing that Plaintiff will receive a total EAJA fee award of $5,100.00 in this case. Having reviewed the motion and finding good cause therefore, it is

ORDERED that the Stipulated Motion for an Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (ECF No. 19) is GRANTED. Attorney fees in the amount of $5,100.00 are awarded to Plaintiff 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 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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