Milton v. Colvin

Filing 18

ORDER. ORDERED that attorney fees in the total amount of Five Thousand - Eight Hundred One Dollars and Seventy Cents ($5,801.70) pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) are awarded to Plaintiff. Astrue v. Ratliff, 130 S.Ct. 2521 (2010). Entered by Judge John L. Kane on 07/27/15.(jhawk, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03482-JLK-AP
PHYLLIS C. MILTON,
Plaintiff,
v.
CAROYN COLVIN,
Acting Commissioner of Social Security,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
Kane, J.
Before the Court is the Unopposed Motion for Attorney’s Fees (Doc. 16) and
Attorney’s Affidavit (Doc. 17) of Plaintiff Phyllis C. Milton, for award of attorney's fees
pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). The Court GRANTS the
Motion (Doc. 16 and 17). Based on the pleadings as well as the position of the defendant
commissioner, if any, and recognizing the Plaintiff's waiver of direct payment and assignment
of EAJA to her counsel,
IT IS HEREBY ORDERED that attorney fees in the total amount of Five Thousand - Eight
Hundred One Dollars and Seventy Cents ($5,801.70) pursuant to the Equal Access to Justice
Act, 28 U.S.C. § 2412(d) are awarded to Plaintiff. Astrue v. Ratliff, 130 S.Ct. 2521 (2010).
The Court hereby awards EAJA fees, broken down as follows:
1. Plaintiff is awarded 25.70 hours at $195.19 per hour in the amount of $5,016.38
for attorney's fees under 28 U.S.C. § 2412(d);

2. Plaintiff is awarded 8.50 hours at $92.39 per hour in the amount of $785.32
for Paralegal Services.
3. Plaintiff is awarded $15.39 in costs for Certified Mail for service of
Summons and Complaint.

If the U.S. Department of the Treasury determines that Plaintiff's EAJA fees, expenses, and
costs are not subject to offset allowed under the Department of the Treasury's Offset Program
(TOPS), then the check for EAJA fees, expenses, and costs may be made payable to Plaintiff's
attorney, Howard D. Olinsky, Esq.
Dated July 27, 2015.

____________________________
JOHN L. KANE
SENIOR U.S. DISTRICT JUDGE