Arguello v. Astrue

Filing 19

ORDER granting 18 Stipulated Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act. That defendant shall pay the amount of $5,350.00 to plaintiff for attorney fees pursuant to the EAJA. Payment shall constitute a comp lete release from and bar to any claims plaintiff may have relating to EAJA costs and fees in this action. This award is without prejudice to the right of plaintiffs counsel to seek attorney fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to the offset provisions of the EAJA, by Judge Robert E. Blackburn on 3/2/09.(gms, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 07-cv-02395-REB ALEX ARGUELLO, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, Defendant. ORDER Blackburn, J. The matter before me is the Stipulated Motion For Award of Attorney Fees Pursuant To The Equal Access To Justice Act, 28 U.S.C. § 2412 [#18] filed March 2, 2009. After reviewing the motion and the file, I have concluded that the motion should be granted and that attorney fees should be awarded to the plaintiff. THEREFORE, IT IS ORDERED as follows: 1. That the Stipulated Motion For Award of Attorney Fees Pursuant To The Equal Access To Justice Act, 28 U.S.C. § 2412 [#18] filed March 2, 2009, is GRANTED; 2. That defendant shall pay the amount of $5,350.00 to plaintiff for attorney fees pursuant to the EAJA; 3. That payment of the stipulated $5,350.00 shall constitute a complete release from and bar to any claims plaintiff may have relating to EAJA costs and fees in this action; and

4. That this award is without prejudice to the right of plaintiff's counsel to seek attorney fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to the offset provisions of the EAJA. Dated March 2, 2009, at Denver, Colorado. BY THE COURT:

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