Filed: Jan. 25, 2016
Latest Update: Jan. 25, 2016
Summary: ORDER WILEY Y. DANIEL , Senior District Judge . THIS MATTER having come before the Court upon Plaintiff's Stipulated Motion for Attorney Fees Under Equal Access to Justice Act [ECF Doc. No. 20], it is hereby ORDERED that Plaintiff's Stipulated Motion for Attorney Fees Under Equal Access to Justice Act [ECF Doc. No. 20], filed January 25, 2016, is GRANTED. It is further ORDERED that attorney fees be, and hereby are, awarded under the Equal Access to Justice Act, 28 U.S.C. 2412(d), paya
Summary: ORDER WILEY Y. DANIEL , Senior District Judge . THIS MATTER having come before the Court upon Plaintiff's Stipulated Motion for Attorney Fees Under Equal Access to Justice Act [ECF Doc. No. 20], it is hereby ORDERED that Plaintiff's Stipulated Motion for Attorney Fees Under Equal Access to Justice Act [ECF Doc. No. 20], filed January 25, 2016, is GRANTED. It is further ORDERED that attorney fees be, and hereby are, awarded under the Equal Access to Justice Act, 28 U.S.C. 2412(d), payab..
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ORDER
WILEY Y. DANIEL, Senior District Judge.
THIS MATTER having come before the Court upon Plaintiff's Stipulated Motion for Attorney Fees Under Equal Access to Justice Act [ECF Doc. No. 20], it is hereby
ORDERED that Plaintiff's Stipulated Motion for Attorney Fees Under Equal Access to Justice Act [ECF Doc. No. 20], filed January 25, 2016, is GRANTED. It is further
ORDERED that attorney fees be, and hereby are, awarded under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), payable to Plaintiff in care of his attorney in the amount of $1,316.00. See Astrue v. Ratliff, 130 U.S. 2521 (2010) (EAJA fees are paid to the prevailing party, not the attorney). It is further
ORDERED THAT, if Plaintiff's counsel receives attorney fees under both the EAJA and 42 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).
