West v. Astrue

Filing 26

ORDER. Plaintiff's Unopposed Motion for an Award of Attorney Fees under 42 U.S.C. § 406(b), filed on September 25, 2014, (Doc. 25 ), is GRANTED. Plaintiff's counsel is awarded an attorney's fee in the amount of $9,433 pur suant to 40 2U.S.C.§ 406(b). Upon receipt of the § 406(b) fee, Plaintiff's counsel shall refund to the Plaintiff the previously paid fee pursuant to the Equal Access to Justice Act (EAJA) in the amount of $6,500, by Judge John L. Kane on 02/19/2015. (athom, )

UNITED STATES DISTRICT COURT
DISTRICT OF COLORADO
Judge John L. Kane
Civil Action No. 12-cv-03132-JLK
Rebecca D. West,
Plaintiff,
v.
Carolyn W. Colvin, Commissioner of Social Security,
Defendant.

ORDER
Kane, J.
THIS MATTER is before the Court on the Plaintiff’s Unopposed Motion for an Award of
Attorney Fees under 42 U.S.C. § 406(b), filed on September 25, 2014. (Doc. 25).
The Unopposed Motion is GRANTED. Plaintiff’s counsel is awarded an attorney’s fee in the
amount of $9,433 pursuant to 40 2U.S.C.§ 406(b). The fee shall be forwarded and made payable
directly to Plaintiff’s attorney, subject to EAJA’s offset provisions as set forth below. See 28 U.S.C.
§ 2412(c)(1) (2006); Manning v. Astrue, 510 F.3d 1246, 1251-52 (10th Cir. 2007) (“Under § 406(b),
the Commissioner must withhold and pay a reasonable attorney’s fee directly to the attorney out of the
claimant’s past-due benefits, thus guaranteeing payment to the attorney and avoiding collection
problems, but the amount of the attorney’s fee that must be withheld and directly paid for the attorney
is limited to a maximum of 25% of past-due benefits.”).
Upon receipt of the § 406(b) fee, Plaintiff’s counsel shall refund to the Plaintiff the previously
paid fee pursuant to the Equal Access to Justice Act (EAJA) in the amount of $6,500.
Dated February 19, 2015.
s/John L. Kane
SENIOR U.S. DISTRICT JUDGE