Filed: Oct. 23, 2015
Latest Update: Oct. 23, 2015
Summary: ORDER TIMOTHY D. DEGIUSTI , District Judge . The parties' Stipulated Motion for Award of Attorney Fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412 [Doc. No. 23] is GRANTED. Pursuant to the EAJA, Plaintiff is hereby awarded $5,500.00 in attorney fees. The award must be made payable to Plaintiff as the prevailing party. See Astrue v. Ratliff, 560 U.S. 586, 595-98 (2010); Manning v. Astrue, 510 F.3d 1246 , 1255 (10th Cir.), cert. denied, 129 S.Ct. 486 (2008);
Summary: ORDER TIMOTHY D. DEGIUSTI , District Judge . The parties' Stipulated Motion for Award of Attorney Fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412 [Doc. No. 23] is GRANTED. Pursuant to the EAJA, Plaintiff is hereby awarded $5,500.00 in attorney fees. The award must be made payable to Plaintiff as the prevailing party. See Astrue v. Ratliff, 560 U.S. 586, 595-98 (2010); Manning v. Astrue, 510 F.3d 1246 , 1255 (10th Cir.), cert. denied, 129 S.Ct. 486 (2008); B..
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ORDER
TIMOTHY D. DEGIUSTI, District Judge.
The parties' Stipulated Motion for Award of Attorney Fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 [Doc. No. 23] is GRANTED. Pursuant to the EAJA, Plaintiff is hereby awarded $5,500.00 in attorney fees. The award must be made payable to Plaintiff as the prevailing party. See Astrue v. Ratliff, 560 U.S. 586, 595-98 (2010); Manning v. Astrue, 510 F.3d 1246, 1255 (10th Cir.), cert. denied, 129 S.Ct. 486 (2008); Brown v. Astrue, 271 F. App'x 741, 743-44 (10th Cir. 2008) (unpublished). In addition, if Plaintiff's counsel ultimately receives an award of attorney fees pursuant to the Social Security Act, 42 U.S.C. § 406(b), he must refund the smaller award to Plaintiff. Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
IT IS SO ORDERED.
