Marquez v. Colvin et al

Filing 29

ORDER granting 28 Motion for Attorney Fees by Chief Judge Marcia S. Krieger on 3/22/16.(msksec, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Marcia S. Krieger Civil Action No. 13-cv-00434-MSK GERALD A. MARQUEZ, Plaintiff, v. CAROLYN COLVIN, acting Commissioner of Social Security, Defendant. ORDER THIS MATTER is before the Court on the Plaintiff’s Unopposed Motion for Attorney’s Fees under 42 U.S.C. §406(b) pursuant to Fed.R.Civ.P. 60(b)(6). The Court having reviewed the Motion and noting service on all parties, and being fully advised, hereby ORDERS as follows: The Motion is GRANTED. Attorney for the Plaintiff, Ann J. Atkinson, Attorney at Law, is authorized to collect a fee under 42 U.S.C. §406(b) in the amount of $15,057.00, to be paid by the Defendant from funds she is currently withholding from the Plaintiff’s retroactive benefits. Upon receipt of the fee awarded herein, the counsel for the Plaintiff shall reimburse to the Plaintiff the $5,074.48 paid to her under the Court’s Order for fees under Equal Access to Justice Act, 28 U.S.C. §2412(d), i.e., CM/ECF Document #27, pursuant to Gisbrecht v. Barnhart, 535 U.S. 789, 152 L.2d.2d 996, 122 S.Ct. 1817 (2002). DATED this 22nd day of March, 2016. BY THE COURT: Marcia S. Krieger United States District Court

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