Freidenberger v. Colvin

Filing 27

ORDER on 25 Motion for Order. The parties' stipulation regarding attorney fees under the Equal Access to Justice Act, submitted on 7/20/2015 (Doc. # 24 ), is APPROVED as an Order of the Court. The Defendant shall pay to the Plaintiff reasonable attorney fees in the amount of $6,750.00. By Judge Christine M. Arguello on 04/18/2016. (athom, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 1:14-v-02337-CMA DONNA KAYE FREIDENBERGER, Plaintiff, vs. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ORDER GRANTING STIPULATED FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT The parties’ stipulation regarding attorney fees under the Equal Access to Justice Act, submitted on July 20, 2015 (Doc. #24), is APPROVED as an Order of the Court. In consideration thereof, it is ORDERED that the Defendant shall pay to the Plaintiff reasonable attorney fees in the amount of $6,750.00. As stipulated, the EAJA award is without prejudice to Plaintiff’s attorney’s right to seek fees under section 206(b) of the Social Security Act, 42 U.S.C. §406(b) subject to EAJA’s offset provisions. See 28 U.S.C. §2412(c)(1) (2006). Payment of this amount shall constitute a complete release from and bar to any and all claims Plaintiff may have relating to EAJA fees in connection with this 1 action. This award shall not be used as precedent in any future cases, nor be construed as a concession by the Commissioner that the original administrative decision denying benefits to Plaintiff was not substantially justified. The EAJA fees shall be paid by a check made out to Plaintiff but delivered to Plaintiff’s attorney. DATED: April 18, 2016 BY THE COURT: ______________________________ CHRISTINE M. ARGUELLO United States District Judge 2 3

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