Filed: Feb. 20, 2018
Latest Update: Feb. 20, 2018
Summary: ORDER GRANTING ATTORNEY FEES GREGORY J. FOURATT , Magistrate Judge . This matter is before the Court on Defendant's "Stipulated Motion for Attorney Fees" ("Motion"). ECF No. 30. Having considered the record, relevant law, and the stipulations of the parties, IT IS HEREBY ORDERED : 1. Defendant will pay Plaintiff a total of $5,500.00 in fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412 et seq. This amount is payable to Plaintiff, not directly to his counsel. S
Summary: ORDER GRANTING ATTORNEY FEES GREGORY J. FOURATT , Magistrate Judge . This matter is before the Court on Defendant's "Stipulated Motion for Attorney Fees" ("Motion"). ECF No. 30. Having considered the record, relevant law, and the stipulations of the parties, IT IS HEREBY ORDERED : 1. Defendant will pay Plaintiff a total of $5,500.00 in fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412 et seq. This amount is payable to Plaintiff, not directly to his counsel. Se..
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ORDER GRANTING ATTORNEY FEES
GREGORY J. FOURATT, Magistrate Judge.
This matter is before the Court on Defendant's "Stipulated Motion for Attorney Fees" ("Motion"). ECF No. 30. Having considered the record, relevant law, and the stipulations of the parties, IT IS HEREBY ORDERED:
1. Defendant will pay Plaintiff a total of $5,500.00 in fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 et seq. This amount is payable to Plaintiff, not directly to his counsel. See Astrue v. Ratliff, 560 U.S. 586, 591-93 (2010). Plaintiff's payment will be remitted to the office of her attorney, Victor Roybal, Jr.
2. Defendant's payment of this amount is without prejudice to Plaintiff's counsel's right to seek attorney fees under section 406(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to the offset provisions of the EAJA.
3. 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).
IT IS SO ORDERED.
