Sandoval v. Colvin

Filing 25

ORDER granting 24 Stipulated Motion for Equal Access to Justice Act Attorney Fees. The Commissioner shall pay attorneys fees under the Equal Access toJustice Act in the amount of $5,900.00 made payable to Plaintiff anddelivered to Plaintiffs attorney, by Judge William J. Martinez on 12/29/2015.(cthom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 14-cv-01852-WJM
STEPHANIE YOLANDA SANDOVAL,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.

ORDER GRANTING STIPULATED MOTION FOR
EQUAL ACCESS TO JUSTICE ACT ATTORNEY FEES

This matter is before the Court on the Parties’ Stipulation for Equal Access to
Justice Act Attorney Fees, filed October 5, 2015 (ECF No. 24). The Equal Access to
Justice Act (“EAJA”) requires that a court “award to a prevailing party . . . fees and other
expenses . . . incurred by that party in any civil action . . . brought by or against the
United States . . . unless the court finds that the position of the United States was
substantially justified . . . .” 28 U.S.C. § 2412(d)(1)(A). “The Government bears the
burden of showing that its position was substantially justified.” Gilbert v. Shalala, 45
F.3d 1391, 1394 (10th Cir. 1995).
In the parties’ Stipulation, the Commissioner does not concede that her position
was not substantially justified, but nevertheless agrees that Plaintiff is entitled to EAJA
fees. Accordingly, and pursuant to the parties’ Stipulation, the Court hereby ORDERS
as follows:

1.

The parties’ Stipulated Motion for Equal Access to Justice Act Attorney
Fees (ECF No. 24) is GRANTED; and

2.

The Commissioner shall pay attorney’s fees under the Equal Access to
Justice Act in the amount of $5,900.00 made payable to Plaintiff and
delivered to Plaintiff’s attorney.

Dated this 29th day of December, 2015.
BY THE COURT:

_______________________
William J. Martínez
United States District Judge

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