Nurre v. Astrue

Filing 27

ORDER granting 26 Motion for Attorney Fees. ORDERED that this award is without prejudice to the right of plaintiffs counsel to seek attorney fees under § 206(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to the o ffset pr ovisions of the EAJA. 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 plaintiffs attorney. If there is such a debt, any fee remaining after offset will be payable to plaintiff and delivered to plaintiff's attorney by Judge Philip A. Brimmer on 07/21/14.(jhawk, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 12-cv-03060-PAB BRENDA R. NURRE, 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. 26], see 28 U.S.C. § 2412(d), filed by plaintiff Brenda R. Nurre and defendant Carolyn W. Colvin. 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. 26] is GRANTED. Defendant is ordered to pay the amount of $5,000.00 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 July 21, 2014. BY THE COURT: s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge 2

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