MILLER v. COLVIN, 15-cv-01254-WYD. (2016)
Court: District Court, D. Colorado
Number: infdco20160505954
Visitors: 11
Filed: May 04, 2016
Latest Update: May 04, 2016
Summary: ORDER GRAINTING THE PARTIES' STIPULATED MOTION FOR FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT WILEY Y. DANIEL , Senior District Judge . The parties' Stipulated Motion for Fees Under the Equal Access to Justice Act [ECF Doc. No. 21], filed May 3, 2016, is GRANTED. Defendant shall pay Plaintiff $5,995.00 in attorney fees. Payment of this amount 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. How
Summary: ORDER GRAINTING THE PARTIES' STIPULATED MOTION FOR FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT WILEY Y. DANIEL , Senior District Judge . The parties' Stipulated Motion for Fees Under the Equal Access to Justice Act [ECF Doc. No. 21], filed May 3, 2016, is GRANTED. Defendant shall pay Plaintiff $5,995.00 in attorney fees. Payment of this amount 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. Howe..
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ORDER GRAINTING THE PARTIES' STIPULATED MOTION FOR FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT
WILEY Y. DANIEL, Senior District Judge.
The parties' Stipulated Motion for Fees Under the Equal Access to Justice Act [ECF Doc. No. 21], filed May 3, 2016, is GRANTED.
Defendant shall pay Plaintiff $5,995.00 in attorney fees. Payment of this amount 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, the EAJA award is without prejudice to Plaintiff's attorney's right to seek attorney fees pursuant to Social Security Act § 206(b), 42 U.S.C. § 406(b), subject to the offset provisions of the EAJA. See 28 U.S.C. § 2412(c)(1) (2006).
Under Astrue v. Ratliff, 130 S.Ct. 2521, 2528-29 (2010), EAJA fees awarded by this Court belong to the Plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)). Thus, fees should be paid to Plaintiff, but delivered to Plaintiff's attorney.
Source: Leagle
