Thomas v. Astrue

Filing 23

ORDER. ORDERED that the Joint Stipulation for EAJA Fees [Docket No. 22] isGRANTED. 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. ORDERED that the EAJA attorney fee award shall be made payable to plaintiff and mailed to plaintiffs attorney pursuant to Manning v. Astrue, 510 F.3d 1246, 1251 (10th Cir. 2007). 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 06/03/14. (jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 12-cv-03096-PAB
JAMES K. THOMAS,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter comes before the Court on the Joint Stipulation for EAJA Fees
[Docket No. 22] pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), filed
by plaintiff James K. Thomas 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 Stipulation for EAJA Fees [Docket No. 22] is
GRANTED. Defendant is ordered to pay the amount of $5,000 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. However, this award bars any and all other
claims plaintiff may have for EAJA fees related to this case. 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 3, 2014.
BY THE COURT:

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

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