Hawk v. Astrue

Filing 23

ORDER granting 22 Joint Motion and Stipulation for Payment of Attorney's Fees Under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Defendant is ordered to pay the amount of $3,500.00 to plaintiff for attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). By Judge Philip A. Brimmer on 6/10/13.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 12-cv-00575-PAB
JACQUELINE HAWK,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration,
Defendant.

ORDER

This matter comes before the Court on the Joint Motion for an Award of Attorney
Fees Under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) [Docket No. 22], filed
by plaintiff Jacqueline Hawk and defendant Carolyn W. Colvin. The Court has reviewed
the pleading and is fully advised of the premises.
Accordingly, it is
ORDERED that the Joint Motion and Stipulation for Payment of Attorney’s Fees
Under 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 $3,500.00 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 plaintiff’s right to seek
attorney’s 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, pursuant to Manning v. Astrue, 510 F.3d 1246, 1251 (10th Cir.
2007), the EAJA attorney’s fee award shall be made payable to plaintiff and mailed to
plaintiff’s attorney at the following address: Diane K. Bross, 2139 Chuckwagon Road,
Ste. 305, Colorado Springs, CO 80919. 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 10, 2013.
BY THE COURT:

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

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