Quintana v. Astrue
Filing
26
ORDER granting 25 Motion for Attorney Fees. Defendant is ordered to pay the amount of $4,006.75 to plaintiff for attorney's fees under the EAJA, 28 U.S.C. § 2412(d) by Judge Philip A. Brimmer on 06/25/14.(jhawk, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 11-cv-01261-PAB
WILLIAM D. QUINTANA,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter comes before the Court on the Stipulated Fees Under the Equal
Access to Justice Act [Docket No. 25], filed by plaintiff William D. Quintana and
defendant Carolyn W. Colvin. The Court construes the filing as a motion for attorney
fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). The Court has
reviewed the pleading and is fully advised of the premises.
Accordingly, it is
ORDERED that the Stipulated Fees Under the Equal Access to Justice Act
[Docket No. 25] is GRANTED. Defendant is ordered to pay the amount of $4,006.75 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 June 25, 2014.
BY THE COURT:
s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge
2
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