Jacobson v. Astrue
ORDER granting 21 Plaintiff's Unopposed Motion for Attorney Fees, by Judge John L. Kane on 5/24/12.(gmssl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 09-cv-2309-AP
MICHAEL J. ASTRUE, Commissioner,
Social Security Administration,
Upon consideration of Plaintiff’s (hereinafter referred to as “Claimant”) Unopposed
Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b)(1) [Doc. #21] and Claimant’s
Memorandum in Support thereof [Exhibit B], in which he seeks authorization for payment of
attorney fees by the Social Security Administration (“SSA”) Commissioner in the amount of
$7,461.00, I have determined that under the standards set forth in 42 U.S.C. § 406(b), Claimant’s
request for $9,663.75 for attorney fees is reasonable.
IT IS HEREBY ORDERED that Claimant’s Motion is GRANTED, and as a result, the
SSA Commissioner is ORDERED to pay Claimant’s attorney $9,663.75 for fees incurred in
representing Claimant before this Court, and in this matter. These fees are to be paid from
Claimant’s retroactive benefits. Claimant’s attorney will also be seeking approval of attorney
fees from the Social Security Administration in the amount of $7,461.00, for representation of
Claimant at the administrative level. Claimant’s counsel has already been paid EAJA fees of
$4,000.00 in Civil Action No. 05-cv-01521-WDM and $1,100.44 in this action. Upon receipt of
fees awarded by this Court, Claimant’s counsel will refund to Claimant the amount of the EAJA
fees paid of $5,100.44.
DATED this 24th day of May, 2012.
BY THE COURT:
s/John L. Kane _____
U.S. District Court Judge
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