Allen v. Astrue

Filing 33

ORDER granting 32 Motion for Relief from Judgment Pursuant to Rule 60(b) F.R.C.P. and Motion for Authorization of Attorney Fees Pursuant to 42 U.S.C. §406(b) by Judge Christine M. Arguello on 1/22/14.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 12-CV-00225-CMA
ANGELA J. ALLEN
Plaintiff/Applicant,
v.
CAROLYN COLVIN, Commissioner of the Social Security Administration,
Defendant.
______________________________________________________________________
ORDER GRANTING RELIEF FROM JUDGMENT
PURSUANT TO RULE 60(b) F.R.C.P. AND APPROVING
ATTORNEY FEES PURSUANT TO 42 U.S.C. §406(b)
______________________________________________________________________
The Court, having reviewed the Motion for Relief from Judgment Pursuant to
Rule 60(b) F.R.C.P. and Motion for Authorization of Attorney Fees Pursuant to 42
U.S.C. §406(b) filed by Plaintiff’s attorney, does find and order as follows:
1.

There is good cause to grant relief from judgment pursuant to Rule 60(b)

F.R.C.P. and McGraw v. Barnhart, 450 F.3d 493 (10th Cir. 2006) so that Plaintiff’s
counsel can file a motion for approval of attorney’s fees pursuant to 42 U.S.C. §406(b)
and it is ordered that relief from judgment be granted and the case be re-opened for the
purpose of approving attorney fees.
2.

The Court having review the motion for attorney’s fees, finds that the

request is appropriate under the criteria of Gisbrecht v. Barnhart, 535 U.S. 789, 152
L.Ed.2d 996, 122 S.Ct. 1817 (2000), and hereby approves attorney’s fees under

42 U.S.C. §406(b) in the sum of $59,791.00, and further orders that the fees be paid
to the attorney, Gordon W. Williams, from the funds withheld by the Commissioner of
Social Security for the payment of attorney’s fees.
3.

Counsel will refund to his client the previously approved attorney’s fees

totaling $13,630.41, which the Court awarded under the Equal Access to Justice Act
DATED: January 22, 2014
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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