VASQUEZ v. COLVIN, 14-cv-01198-MEH. (2015)
Court: District Court, D. Colorado
Number: infdco20150602b29
Visitors: 17
Filed: May 29, 2015
Latest Update: May 29, 2015
Summary: ORDER MICHAEL E. HEGARTY , Magistrate Judge . Before the Court is a Stipulation to Attorney Fees Under the Equal Access to Justice Act ("EAJA") [ filed May 21, 2015; docket #26 ], construed by the Court as a motion. The motion is granted. Under Astrue v. Ratliff, 130 S.Ct. 2521 , 2528-29 (2010), EAJA fees awarded by this Court belong to the Plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. 3716(c)(3)(B) (2006)). Therefore, the EAJA fees in the amount o
Summary: ORDER MICHAEL E. HEGARTY , Magistrate Judge . Before the Court is a Stipulation to Attorney Fees Under the Equal Access to Justice Act ("EAJA") [ filed May 21, 2015; docket #26 ], construed by the Court as a motion. The motion is granted. Under Astrue v. Ratliff, 130 S.Ct. 2521 , 2528-29 (2010), EAJA fees awarded by this Court belong to the Plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. 3716(c)(3)(B) (2006)). Therefore, the EAJA fees in the amount of..
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ORDER
MICHAEL E. HEGARTY, Magistrate Judge.
Before the Court is a Stipulation to Attorney Fees Under the Equal Access to Justice Act ("EAJA") [filed May 21, 2015; docket #26], construed by the Court as a motion. The motion is granted.
Under Astrue v. Ratliff, 130 S.Ct. 2521, 2528-29 (2010), EAJA fees awarded by this Court belong to the Plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)). Therefore, the EAJA fees in the amount of $5,588.00 should be paid to Plaintiff.
The Commissioner recognizes that Plaintiff assigned her right to EAJA fees to her attorney. If, after receiving the Court's EAJA fee order, the Commissioner (1) determines 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, then the EAJA fees will 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 will be paid by a check made out to Plaintiff but delivered to Plaintiff's attorney.
Source: Leagle
