Thomas v. Astrue

Filing 24

ORDER granting 22 Motion for Attorney Fees Under Equal Access to Justice Act. Defendant is ordered to pay $4,552.80 to plaintiff for attorney fees. Payment to constitute complete release from and bar to any claims plaintiff may have re: EAJA costs and fees. Award is without prejudice to right of plaintiff's counsel to seek attorney fees under 206(b) of the Social Security Act. EAJA attorney fee award to be made payable to plaintiff and mailed to plaintiff's attorney, by Judge Philip A. Brimmer on 11/6/09.(gmssl, ) Modified on 11/9/2009 to correct spelling error (gmssl, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 08-cv-00005-PAB JAMES K. THOMAS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.

O R D E R APPROVING MOTION FOR ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)

This matter is before the Court on plaintiff's Unopposed Motion for Attorney Fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) [Docket No. 22]. The Court has reviewed the pleading and is fully advised in the premises. It is ORDERED that the Motion for Attorney Fees Under the Equal Access to Justice Act [Docket No. 22] is granted, and defendant is ordered to pay the amount of $4,552.80 to plaintiff for attorney fees under the Equal Access to Justice Act ("EAJA"). It is further ORDERED that payment of the $4,552.80 shall constitute a complete release from and bar to any claims plaintiff may have relating to EAJA costs and fees in connection with this action. It is further

ORDERED 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. 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). DATED November 6, 2009. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge

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