Pinon Carbajal v. Astrue

Filing 23

ORDER granting 22 Stipulated Motion for an Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), by Judge Philip A. Brimmer on 11/8/11.(gmssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 10-cv-02025-PAB
DORA CARBAJAL,
Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of the Social Security Administration,
Defendant.

ORDER

This matter comes before the Court on the Stipulated Motion for an Award of
Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d)
[Docket No. 22], filed by plaintiff Dora Carbajal and defendant Michael J. Astrue. The
Court has reviewed the pleading and is fully advised of the premises.
Accordingly, it is
ORDERED that the Stipulated Motion for an Award of Attorney Fees Pursuant to
the Equal Access to Justice Act, 28 U.S.C. § 2412(d) [Docket No. 22] is GRANTED.
Defendant is ordered to pay the amount of $3,874.95 to plaintiff for attorney’s fees
under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). It is further
ORDERED that 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. It is further

ORDERED that the EAJA attorney fee award shall be made payable to plaintiff
and mailed to plaintiff’s attorney pursuant to Manning v. Astrue, 510 F.3d 1246, 1251
(10th Cir. 2007). It is further
ORDERED that if it is determined upon effectuation of this Order that plaintiff
does not owe a debt that is subject to offset under the Treasury Offset Program, and
the Commissioner agrees to accept the assignment, the fee awarded herein shall be
made payable to plaintiff’s attorney. If there is such a debt, any fee remaining after
offset will be payable to plaintiff and delivered to plaintiff’s attorney.

DATED November 8, 2011.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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