Watson v. Astrue

Filing 23

ORDER granting 22 Motion for Attorney Fees. Defendant is ordered to pay the amount of $2,081.25 to plaintiff for attorney's fees under the EAJA, 28 U.S.C. § 2412(d) by Judge Philip A. Brimmer on 02/04/15.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 12-cv-00807-PAB
HERBERT J. WATSON,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter comes before the Court on the Unopposed Motion for Attorney’s
Fees Under EAJA [Docket No. 22] filed by plaintiff Herbert J. Watson. Plaintiff requests
an award of $2,081.25 in attorney’s fees under the Equal Access to Justice Act
(“EAJA”), 28 U.S.C. § 2412, Docket No. 22 at 2, ¶ 5, but the parties ag ree that the fees
must be paid to plaintiff. Id. at 1, ¶ 4. Plaintiff represents that the Acting Commissioner
of Social Security, Carolyn W. Colvin, has no objection to the amount requested. Id. at
1. The Court has reviewed the pleading and is fully advised of the premises.
Accordingly, it is
ORDERED that the Unopposed Motion for Attorney’s Fees Under EAJA [Docket
No. 22] is GRANTED. Defendant is ordered to pay the amount of $2,081.25 to plaintiff
for attorney’s fees under the EAJA, 28 U.S.C. § 2412(d). It is f urther
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 February 4, 2015.
BY THE COURT:

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