Lynch v. Astrue

Filing 23

ORDER. The Stipulated Motion For Award of Attorney Fees Pursuant To The Equal Access To Justice Act, 28 U.S.C. § 2412 22 filed 08/28/2009, is GRANTED. The defendant shall pay the amount of $5,550.00 to the plaintiff for attorney fees purs uant to the EAJA. This award is without prejudice to the right of counsel for the plaintiff 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. Plaintiff-Appellants Application For an Award of Reasonable Attorney Fees Under The Equal Access To Justice Act 21 filed 08/21/2009, is DENIED as moot. By Judge Robert E. Blackburn on 08/31/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 08-cv-00844-REB JOEY M. LYNCH, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, Defendant. ORDER GRANTING STIPULATED MOTION FOR AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT 28 U.S.C. § 2412 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 [#22] filed August 28, 2009. After reviewing the motion and the file, I conclude that the motion should be granted and that defendant should be ordered to pay the amount of $5,550.00 to plaintiff for attorney fees pursuant to the EAJA. 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 [#22] filed August 28, 2009, is GRANTED; 2. That the defendant shall pay the amount of $5,550.00 to the plaintiff for attorney fees pursuant to the EAJA;

3. That the payment of the $5,550.00 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; 4. That this award is without prejudice to the right of counsel for the plaintiff 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; and 5. That Plaintiff-Appellant's Application For an Award of Reasonable Attorney Fees Under The Equal Access To Justice Act [#21] filed August 21, 2009, is DENIED as moot. Dated August 31, 2009, at Denver, Colorado. BY THE COURT:

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