Beloborodyy v. Astrue

Filing 19

ORDER granting 17 Motion for Attorney Fees. Defendant is ordered to pay the amount of $3,515.02 to plaintiff for attorney's fees under the EAJA, 28 U.S.C. § 2412(d). ORDERED that the EAJA attorney fee award shall be made payable t o plaintiff and mailed to plaintiff's attorney pursuant to Manning v. Astrue, 510 F.3d 1246, 1251 (10th Cir. 2007). 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 by Judge Philip A. Brimmer on 04/22/14.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 11-cv-00797-PAB
MIKHAIL A. BELOBORODYY,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter comes before the Court on the Unopposed (Stipulated) Motion for an
Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C.
§ 2412(d) [Docket No. 17], filed by plaintiff Mikhail A. Beloborodyy and defendant
Carolyn W. Colvin. The Court has reviewed the pleading and is fully advised of the
premises.
Accordingly, it is
ORDERED that the Unopposed (Stipulated) Motion for an Award of Attorney
Fees Pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d)
[Docket No. 17] is GRANTED. Defendant is ordered to pay the amount of $3,515.02 to
plaintiff for attorney’s fees under the EAJA, 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 § 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 April 22, 2014.
BY THE COURT:

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