Ross v. Astrue

Filing 33

ORDER. ORDERED that the Stipulation for Equal Access to Justice Act Attorney Fees 32 is GRANTED. Defendant is ordered to pay the amount of $8000.00 to plaintiff for attorney's fees under the EAJA, 28 U.S.C. § 2412(d) by Judge Philip A. Brimmer on 06/16/15. (jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 12-cv-00785-PAB
BRAND ROSS o/b/o Claudia Ross,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter comes before the Court on the Stipulation for Equal Access to
Justice Act Attorney Fees [Docket No. 32] filed jointly by plaintiff and defendant. The
Court has reviewed the pleading and is fully advised of the premises.
Accordingly, it is
ORDERED that the Stipulation for Equal Access to Justice Act Attorney Fees
[Docket No. 32] is GRANTED. Defendant is ordered to pay the amount of $8000.00 to
plaintiff for attorney’s fees under the EAJA, 28 U.S.C. § 2412(d). It is f urther
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 16, 2015.
BY THE COURT:

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