Warner v. Colvin

Filing 28

ORDER GRANTING MOTION FOR ATTORNEY FEES: Mr. Warner's 24 Motion for Attorney Fees is GRANTED. Payment of Mr. Warner's attorney fees in the amount of $5,928 shall be made to Mr. Warner directly, in care of his attorney. by Chief Judge Marcia S. Krieger on 4/16/15.(msksec, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Marcia S. Krieger
Civil Action No. 13-cv-01689-MSK
HEATH A. WARNER,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.

ORDER GRANTING MOTION FOR ATTORNEY FEES

THIS MATTER comes before the Court on Plaintiff Heath A. Warner’s Motion for
Attorney Fees (#24) pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412,
and the Commissioner’s Response (#27).
Mr. Warner asserts that, pursuant to the EAJA, he should be awarded attorney fees in the
amount of $5,928. The Commissioner has agreed that an award of fees in this case is reasonable
in the amount requested.
Accordingly, IT IS ORDERED that the Mr. Warner’s Motion is GRANTED. Payment
of Mr. Warner’s attorney fees in the amount of $5,928 shall be made to Mr. Warner directly,1 in
care of his attorney.

1

Mr. Warner has included with his Motion an agreement that assigns his rights to any attorney
fees to his attorney. The Court declines to assign his awarded attorney fees to his attorney, as the
EAJA makes it is clear that attorney’s fees will be paid only to the “prevailing party.” Manning
v. Astrue, 510 F.3d 1246, 1249-50 (10th Cir. 2007).
1

Dated this 16th day of April, 2015.
BY THE COURT:

Marcia S. Krieger
Chief United States District Judge

2