Filed: Jul. 02, 2012
Latest Update: Jul. 02, 2012
Summary: ORDER ROBERT E. BLACKBURN, District Judge. The matter is before the court on the Stipulation For Payment of Attorney's Fees Under The Equal Access To Justice Act, 28 U.S.C. 2412(d) [#60] 1 filed June 29, 2012. After reviewing the stipulation and the record, I conclude that the stipulation should be approved. THEREFORE, IT IS ORDERED as follows: 1. That the Stipulation for Attorney Fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d) [#60] filed June 29, 2012, is AP
Summary: ORDER ROBERT E. BLACKBURN, District Judge. The matter is before the court on the Stipulation For Payment of Attorney's Fees Under The Equal Access To Justice Act, 28 U.S.C. 2412(d) [#60] 1 filed June 29, 2012. After reviewing the stipulation and the record, I conclude that the stipulation should be approved. THEREFORE, IT IS ORDERED as follows: 1. That the Stipulation for Attorney Fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d) [#60] filed June 29, 2012, is APP..
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ORDER
ROBERT E. BLACKBURN, District Judge.
The matter is before the court on the Stipulation For Payment of Attorney's Fees Under The Equal Access To Justice Act, 28 U.S.C. § 2412(d) [#60]1 filed June 29, 2012. After reviewing the stipulation and the record, I conclude that the stipulation should be approved.
THEREFORE, IT IS ORDERED as follows:
1. That the Stipulation for Attorney Fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) [#60] filed June 29, 2012, is APPROVED;
2. That defendant will pay plaintiff $5,636.88 in attorney fees under the EAJA, 28 U.S.C. § 2412(d); provided, further, that payment of the $5,636.88 shall constitute a complete release from and bar to any and all claims plaintiff may have relating to EAJA fees in connection with this action; however, this payment is without prejudice to plaintiff's right to seek attorney fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to EAJA's offset provisions, see 28 U.S.C. §§ 2412(c)(1), 2414;
3. That pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), EAJA fees awarded by this court belong to plaintiff and are subject to offset by the Department of Treasury to reimburse the government for any pre-existing debt owed by plaintiff to the government; and
4. That the parties agree that this court will order the fees be paid to plaintiff, and payment will be delivered to plaintiff's attorney, Teressa Abbott.
