Masse v. Astrue

Filing 25

ORDER granting 23 Plaintiff's Unopposed Motion for Attorney's Fees Under 42 U.S.C. § 406(b), by Judge Robert E. Blackburn on 11/7/11.(gmssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 09-cv-02079-REB
JAN E. MASSE, formerly known as
Jan E. Sallinger,
Plaintiff,
v.
MICHAEL ASTRUE, Commissioner of Social Security,
Defendant.

ORDER FOR ATTORNEY FEES UNDER 42 U.S.C. § 406(b)
Blackburn, J.
The matter is before me on the plaintiff’s Unopposed Motion For Attorney’s
Fees Under 42 U.S.C. § 406(b) Pursuant To Fed. R. Civ. P. 60(b)(6) [#23]1 filed
November 7, 2011. After reviewing the motion and the file, I conclude that the motion
should be granted.
THEREFORE, IT IS ORDERED as follows:
1. That plaintiff’s Unopposed Motion For Attorney’s Fees Under 42 U.S.C. §
406(b) Pursuant To Fed. R. Civ. P. 60(b)(6) [#23] filed November 7, 2011, is
GRANTED;
2. That defendant shall pay to Ann J. Atkinson, attorney for the plaintiff, the sum

1

“[#23]” is an example of the convention I use to identify the docket number assigned to a specific
paper by the court’s electronic case filing and management system (CM/ECF). I use this convention
throughout this order.

of $12, 468.00 from funds being withheld from the retroactive Social Security disability
benefits awarded to the plaintiff as a result of the remand order issued by the court; and
3. That on payment of the fees above, the attorney for the plaintiff shall refund to
the plaintiff the sum of $3,500.00, representing the awards previously made by this
court for attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
Dated November 7, 2011, at Denver, Colorado.
BY THE COURT:

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