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Parker v. Berryhill, 16-cv-01182-PAB. (2019)

Court: District Court, D. Colorado Number: infdco20190607e41 Visitors: 11
Filed: Jun. 06, 2019
Latest Update: Jun. 06, 2019
Summary: ORDER PHILIP A. BRIMMER , District Judge . This matter is before the Court on plaintiff's Stipulated Motion for Award of Attorney's Fees Under the Equal Access to Justice Act [Docket No. 23]. The motion states that the parties have settled plaintiff's request for attorney's fees and agreed to an award of $4,976.67 under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d). Docket No. 23 at 1. Having reviewed the filing and being fully advised of the premises, it is ORDERED that t
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ORDER

This matter is before the Court on plaintiff's Stipulated Motion for Award of Attorney's Fees Under the Equal Access to Justice Act [Docket No. 23]. The motion states that the parties have settled plaintiff's request for attorney's fees and agreed to an award of $4,976.67 under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). Docket No. 23 at 1. Having reviewed the filing and being fully advised of the premises, it is

ORDERED that the Stipulated Motion for Award of Attorney's Fees Under the Equal Access to Justice Act [Docket No. 23] is GRANTED. Defendant is ordered to pay the amount of $4,976.67 to plaintiff for attorney's fees under the Equal Access to Justice Act, 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's fees under section 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, in the event the Commissioner (1) determines, upon effectuation of the EAJA fee order, that plaintiff does not owe a debt subject to offset under the Treasury Offset Program, and (2) agrees to waive the requirements of the Anti-Assignment Act, the EAJA fees shall be made payable to plaintiff's attorney.

Source:  Leagle

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