Cunningham v. Astrue

Filing 25

ORDER 24 Stipulation for Attorney Fees is approved and defendant to pay the amount of $3,000.00 to plaintiff for attorney fees under EAJA. Award may be payable to plaintiff and mailed to plaintiff's counsel, by Judge Lewis T. Babcock on 4/6/10.(gms, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, JUDGE Civil Case No. 08-cv-02774-LTB CANDACE LOU CUNNINGHAM, 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 April 5, 2010, 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 $3,000.00 to Plaintiff for attorney fees under the EAJA; payment of the $3,000.00 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 and mailed to Plaintiff's counsel.

DATED this

6th

day of April, 2010. BY THE COURT: s/Lewis T. Babcock LEWIS T. BABCOCK, JUDGE U.S. District Court, District of Colorado