Filed: Sep. 22, 2015
Latest Update: Sep. 22, 2015
Summary: ORDER PHILIP A. BRIMMER , District Judge . This matter comes before the Court on the Joint Stipulation for Equal Access to Justice Act ("EAJA") Fees, 1 28 U.S.C. 2412 [Docket No. 32], filed by plaintiff Timothy Gene Foltz and defendant Carolyn W. Colvin. The Court has reviewed the pleading and is fully advised of the premises. Accordingly, it is ORDERED that the Stipulated Award of Fees Under the Equal Access to Justice Act [Docket No. 32] is GRANTED. Defendant is ordered to pay the
Summary: ORDER PHILIP A. BRIMMER , District Judge . This matter comes before the Court on the Joint Stipulation for Equal Access to Justice Act ("EAJA") Fees, 1 28 U.S.C. 2412 [Docket No. 32], filed by plaintiff Timothy Gene Foltz and defendant Carolyn W. Colvin. The Court has reviewed the pleading and is fully advised of the premises. Accordingly, it is ORDERED that the Stipulated Award of Fees Under the Equal Access to Justice Act [Docket No. 32] is GRANTED. Defendant is ordered to pay the ..
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ORDER
PHILIP A. BRIMMER, District Judge.
This matter comes before the Court on the Joint Stipulation for Equal Access to Justice Act ("EAJA") Fees,1 28 U.S.C. § 2412 [Docket No. 32], filed by plaintiff Timothy Gene Foltz and defendant Carolyn W. Colvin. The Court has reviewed the pleading and is fully advised of the premises.
Accordingly, it is
ORDERED that the Stipulated Award of Fees Under the Equal Access to Justice Act [Docket No. 32] is GRANTED. Defendant is ordered to pay the amount of $4,750.00 to plaintiff for attorney's fees under the EAJA, 28 U.S.C. § 2412(d). It is further
ORDERED that this award is without prejudice to the right of plaintiff's counsel to seek attorney fees under § 206(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to the offset provisions of the EAJA. It is further
ORDERED that the EAJA attorney fee award shall be made payable to plaintiff and mailed to plaintiff's attorney pursuant to Manning v. Astrue, 510 F.3d 1246, 1251 (10th Cir. 2007). It is further
ORDERED that, if it is determined upon effectuation of this Order that plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, and the Commissioner agrees to accept the assignment, the fee award herein shall be made payable to plaintiff's attorney. If there is such a debt, any fee remaining after offset will be payable to plaintiff and delivered to plaintiff's attorney.
