Woodrow v. Commissioner, Social Security Administration
Woodrow v. Commissioner, Social Security Administration
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Raymond P. Moore
Civil Action No. 1:17-cv-02609
DEBORAH M. WOODROW,
Plaintiff,
v.
ANDREW SAUL, Commissioner of the Social Security Administration,
Defendant.
ORDER
This matter is before the Court on Plaintiff Deborah M. Woodrow’s Unopposed Motion for Award of Attorney’s Fees under the Equal Access to Justice Act,
28 U.S.C. § 2412(the “Motion”) (ECF No. 22). After its analysis of the Motion, record, and applicable law, the Court finds and orders as follows. It is HEREBY ORDERED: (1) That Plaintiff’s Motion is GRANTED in the amount of $4,502.91; (2) That the award be made payable to Plaintiff but mailed to Plaintiff’s attorney (See Astrue v. Ratliff,
560 U.S. 586(2010)); (3) That if, after receiving the Court’s EAJA fee order, the Commissioner (a) determines that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, and (b) 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 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. (4) That, if Plaintiffs counsel receives attorney fees under both the EAJA and
41 U.S.C. § 406(b) of the Social Security Act, Plaintiff's counsel shall refund the smaller award to Plaintiff pursuant to Weakley v. Bowen,
803 F.2d 575, 580(10th Cir. 1986). See also Ratliff,
560 U.S. at 596n.4 (explaining that, if a claimant’s counsel is ultimately granted attorney fees under § 406(b) out of the claimant’s benefits award, the claimant’s attorney must refund to the claimant the amount of the smaller fee). DATED this 17th day of July, 2020. BY THE COURT:
United States District Judge
Reference
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