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, )
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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