Duran v. Astrue

Filing 23

ORDER Re: 22 Stipulated Motion for Attorney Fees. The stipulation is approved and defendant is ordered to pay $4,500.00 to plaintiff for attorney fees under EAJA. Payment to constitute complete release from and bar to any claims plaintiff ma y 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. Award may be payable to plaintiff's attorney and mailed to plaintiff's counsel. by Judge Lewis T. Babcock on 10/22/09.(gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-02203-LTB NICHOLAS E. DURAN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, Defendant. ORDER APPROVING STIPULATED MOTION FOR AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412 The Court has reviewed the parties' stipulated motion, dated October 21, 2009, for an award of attorney fees under the Equal Access to Justice Act, ("EAJA"), 28 U.S.C. 2412(d). Based upon these documents, the Court hereby orders that: the stipulation for attorney fees under the EAJA is approved, and Defendant is ordered to pay the amount of $4,500.00 to Plaintiff for attorney fees under the EAJA; payment of the $4,500.00 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; . 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. The EAJA attorney fee award may be made payable to Plaintiff's attorney and mailed to Plaintiff's counsel. DATED this 22nd day of October, 2009. BY THE COURT: s/Lewis T. Babcock LEWIS T. BABCOCK, JUDGE U.S. District Court, District of Colorado

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